Most applicants who have applied for a temporary or permanent visa are required to undertake health examinations.
To meet the health requirement to be granted a visa an applicant must undergo a health examination and be granted a health clearance. If a Medical Officer of the Commonwealth assesses you as unable to meet the health requirement, your visa application will be refused unless a “Health Waiver” is available and exercised.
Ultimately, a health waiver may be considered where you satisfy the Department of Immigration and Border Protection that the granting of the visa would be unlikely to result in undue cost or prejudice to access of an Australian citizen or permanent resident to health care or community services.
It is important to note that you do not need to apply for a Health Waiver. If you are eligible to be considered for a Health Waiver, the Department will send you can “Invitation to Comment” advising that you have failed to meet the health requirement and that a Health Waiver is going to be considered. The Invitation to Comment will invite you to put forward claims and information in support of a Health Waiver being exercised.
If you have been issued an Invitation to Comment in relation to a Health Waiver, or have been refused a visa on health ground, contact us immediately so we can assist you in formulating your response to the Invitation to Comment or prepare you application for review to the AAT.