In Short
- Visa applicants must undergo medical examinations to meet Australia’s health standards, with assessments varying based on factors like age, health status and intended activities in Australia.
- Applicants with certain conditions may need to sign a health undertaking or, if assessed as not meeting health requirements, might be eligible for a health waiver, depending on the visa subclass.
- If a visa is refused on health grounds, applicants can seek a review from the Administrative Appeals Tribunal (AAT) or consider other legal avenues.
Tips for Businesses
When sponsoring overseas employees, ensure they are aware of Australia’s health requirements and the necessity of medical examinations. Understanding health undertakings and waivers can aid in navigating potential challenges during the visa application process. Encourage applicants to seek legal advice if health issues arise.
Migrating to another country is a big step in your life. The process is sometimes complicated, and applying for a visa is occasionally stressful and time-consuming. On top of this, if you have a health condition, you may experience more uncertainty and confusion regarding what you should do. Every application is assessed on a case-by-case basis, but will largely depend on:
- the medical condition you have;
- the specific visa subclass you are applying for; and
- and the type of activities you intend to do during your stay in Australia.
This article outlines how a health condition can affect your visa application.
Does DOHA Mandate Medical Examinations?
If you are applying for an Australian visa, DOHA will usually require you to undergo medical examinations to determine if you meet the health requirements for immigrating. The immigration health requirements are set out in the Migration Regulations 1994, under Schedule 4’s Public Interest Criteria (PIC). There are two main health requirements in PIC 4005 and PIC 4007; however, your visa will only be subject to one.
The type of medical examinations DOHA will request depends on several factors. These include, but are not limited to:
- your age;
- whether you are living in a country with a low or high risk of tuberculosis (TB);
- whether you are living with a serious health condition; and
- what you intend to do in Australia.
Your examiners will forward your results to DOHA. They will also attach recommendations to determine if you meet the health requirements.
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What Are the Health Requirements That Visa Applicants Must Meet?
If you have a significant medical condition, your case is sent to a Medical Officer of the Commonwealth (MOC) for their opinion and further assessment. The MOC will then advise DOHA if you:
- meet the health requirements;
- will meet the health requirement only if you sign a health undertaking;
- do not meet the health requirement, but DOHA approves a health waiver (if available and exercised); or
- do not meet the health requirement, and no health waiver is available.
You will not meet the health requirement if the MOC has assessed you as having a significant medical condition, such as:
- active Tuberculosis (TB);
- a condition that may result in you being a threat to public health or a danger to the community;
- a condition that is likely to result in significant healthcare and community service costs to the Australian community; and
- a condition that would prejudice the access of Australian citizens or permanent residents to healthcare and community services that are in short supply. This includes, for example, organ transplants and dialysis.
Calculating the Significant Healthcare and Community Service Cost Threshold
The MOC will consider what kind of services a hypothetical person with the same kind and severity of condition would need and advise DOHA. However, the MOC can only consider your medical situation, not your other personal circumstances.
Continue reading this article below the formWhat Is a Health Undertaking?
A health undertaking is an agreement you make with the Australian Government to attend a health clinic in Australia. This involves following up on the condition for which you requested the health undertaking.
As part of this undertaking, you agree to:
- contact the Health Undertaking Service within 28 days of arrival in Australia and provide the required information;
- contact or be contacted by your State/Territory’s health authority based on the contact information provided with the referral by the Migration Medical Services Provider;
- place yourself under the supervision of that State/Territory health authority;
- undergo any course of treatment or investigation the State/Territory health authority directs; and
- keep the State/Territory health authority informed of your current contact details while under supervision.
Suppose you have a non-threatening condition, such as:
- latent Tuberculosis (TB);
- Hepatitis B;
- Hepatitis C; or
- leprosy.
In this case, an MOC may request a signed health undertaking for you to satisfy the health requirement and receive your visa.
What is a Health Waiver?
If you do have a health condition (except active TB), and an MOC assesses you as not meeting the health requirement, you may be able to apply for a health waiver. The key factor to consider here is which visa subclass you are applying for. Not all visas will allow you to lodge a health waiver application. A health waiver is only available if your visa is subject to PIC 4007. As such, it is unavailable if your visa is subject to PIC 4005, and your visa will then fail on health grounds.
DOHA and MOC assess health waivers on a case-by-case basis. For this application to be successful, you must submit compelling and compassionate reasons.
My Visa Was Refused on Health Grounds. What Should I Do?
Suppose DOHA has refused your visa application on health grounds. In this case, you can apply to the Administrative Appeals Tribunal (AAT) to have the decision reviewed.
Your visa decision letter will explain whether the AAT can review the visa refusal decision and the time limit to lodge an application for review. If the AAT cannot review the decision, your other option is to appeal to the Federal Court of Australia.
Key Takeaways
Several factors affect your visa application, including your health status. If your visa application fails or might fail on health grounds, you may apply for a health undertaking or a health waiver. Another option is to apply to the AAT to review your application.
If you need help with your Australian visa, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Key Terms
MOC: A Medical Officer of the Commonwealth, or MOC, is a registered medical practitioner employed by the Department of Home Affairs to assess and conduct health examinations.
PIC 4005 and 4007: Public Interest Criteria 4005 and 4007 require applicants to undergo medical examinations and be cleared of tuberculosis and any other diseases that may be considered a threat to public health or the Australian community.
Frequently Asked Questions
The DOHA will issue you with a section 57 Natural Justice Letter, referring to PIC 4007, to provide you with an opportunity to comment on your health condition. You can apply for a health waiver at this point.
The department will only accept medical examinations undertaken at a department-approved panel physician or clinic. Panel physicians are overseas medical practitioners who are appointed by the department for medical examinations outside Australia.
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