When applying for an Australian visa, applicants are often surprised to learn that their health plays a major role in the outcome of their application. Australia’s Public Interest Health Criteria (often referred to as the “health requirement”) is a central feature of migration law, designed to balance compassion with the protection of community resources.
This article provides an overview of the health requirement, health waivers, and what applicants should know if health concerns arise during their visa process.
Why Does Australia Have a Health Requirement?
The purpose of the health requirement is threefold:
- Protecting the Australian community – by preventing the spread of communicable diseases.
- Containing public expenditure – ensuring visa grants do not create excessive costs to health and community services.
- Safeguarding access – protecting Australian citizens and permanent residents from reduced access to health and community services.
The requirements vary depending on factors such as the visa type (temporary vs permanent), intended length of stay, occupation, and an applicant’s medical history.
Key Health Criteria: PIC 4005 and PIC 4007
- Public Interest Criterion (PIC) 4005 – A strict health requirement. If not met, no waiver is available.
- PIC 4007 – Similar to PIC 4005 but allows for a health waiver in certain circumstances.
For many visas, applicants must demonstrate they:
- Do not have tuberculosis or any disease that is a danger to the community;
- Are unlikely to incur “significant costs” (currently set at $51,000) to Australia’s health or community services; and
- Will not prejudice access to healthcare or community services for Australians.
What Happens if an Applicant Fails the Health Requirement?
The Medical Officer of the Commonwealth (MOC) provides an opinion on whether an applicant meets the health criteria. Importantly, this assessment is made using the “hypothetical person test” – costs are calculated based on a typical person with the same condition, not the applicant’s individual circumstances.
If the MOC issues a “does not meet” opinion:
- For PIC 4005 visas, refusal is likely as there is no waiver option.
- For PIC 4007 visas, the applicant may be invited to seek a health waiver.
Health Waivers: A Second Chance
A health waiver allows decision-makers to overlook health-related visa refusals where the applicant can show that granting the visa would not result in:
- Undue costs to the community; or
- Undue prejudice to the access of Australians to health services.
When assessing whether to grant a waiver, the Department of Home Affairs will consider:
- Compassionate and compelling circumstances (such as the impact on Australian citizen children, family separation, or unique skills the applicant brings to Australia).
- Ability to mitigate costs (financial capacity, private health insurance, family/community support).
- Public interest factors, including contributions to regional, cultural, or economic life in Australia.
Policy updates (from 1 July 2023) place additional emphasis on the best interests of Australian citizen or permanent resident children, and require closer oversight where potential costs exceed $500,000.
Appealing a Health-Based Visa Refusal
If a visa is refused on health grounds:
- Applicants under PIC 4007 may have their case reviewed by the Administrative
- Appeals Tribunal (AAT), where a waiver may still be granted. Applicants under PIC 4005 face stricter limits, as the AAT must accept the MOC’s opinion.
- Judicial review in the Federal Court is possible, but only on legal error grounds, not on the merits of the health assessment itself.
While not every visa application requires a lawyer, the stakes are high. Costs, refusal risks, and legal complexities make professional guidance a wise investment. By working with an experienced immigration lawyer, you gain clarity, confidence, and a far stronger chance of achieving your migration goals in Australia.
Writing an Effective Health Waiver Submission
A strong health waiver submission is crucial and should include:
- Clear structure (background, evidence, compassionate factors, conclusion).
- Supporting documents such as medical reports, financial evidence, letters from employers, and statutory declarations.
- References to relevant policy and legal precedents.
- Focus on high-quality, credible evidence over volume.
The health requirement remains one of the most complex and often misunderstood parts of Australian migration law. While it exists to protect public health and resources, the health waiver process provides flexibility where there are compelling reasons to grant a visa.
For applicants with health issues—or family members with health concerns—it is vital to seek expert migration advice early. Careful planning and a well-prepared waiver submission can make all the difference.
Disclaimer
The content of this article is for information purposes only. Whilst every effort has been made to ensure the accuracy of the materials contained here and incorporated by reference, this article is not intended to constitute legal or immigration advice or assistance.
No person should act on the basis of the material contained in this presentation without obtaining advice relevant to their own circumstances and without considering and taking professional advice as may be necessary.
For tailored advice and comprehensive assistance with your migration matter, contact our experienced Australian immigration lawyers today. You can reach us by email at admin@australianmigrationlaw.com.au or phone +61 407 662 682 to obtain further guidance.
