Visa medicals play a critical role in Australia’s migration system, being a requirement for almost all visa applications under the general public interest criteria (PIC). These criteria encompass health and character assessments, with specific PICs applied depending on the visa type. For example, exclusion criteria like overstaying a visa (PIC 4014) or having a visa cancelled for specific reasons (PIC 4013) usually don’t apply to permanent visas.
The health requirements under PIC 4005 and 4007 are applicable to most visas. These are designed to ensure that Australia’s public health system isn’t unduly burdened. Both criteria require that applicants are free from tuberculosis and any other disease or condition that:
– Could pose a threat to public health or safety in Australia.
– Might result in significant healthcare costs or impact access to health or community services for Australian citizens or permanent residents.
The key difference between PIC 4005 and 4007 is that under 4007, a health waiver may be available. This allows applicants to still meet the requirement despite having a condition that would normally result in significant costs or service access issues.
As of today, new legislative changes apply to applications that have not yet been finalized, including those under review by the Administrative Appeals Tribunal. Children born and ordinarily residing in Australia can no longer be denied a visa under PIC 4005 or 4007 based on any disability or health condition they may have. This change is a response to the Disability Royal Commission’s findings, which criticized the previous regulations as discriminatory towards Australian-born minor visa applicants.
Importantly, this revision impacts the “one fail, all fail” rule, where previously, if one applicant in a group failed the medical requirement, all applicants were refused. Now, families will benefit from this amendment, though children born and ordinarily residing in Australia will still need to undergo visa medicals.
Access downloadable documents for version effective 15 October 2024
