Understanding Australian visa rejections for medical reasons
A common Australian visa condition is meeting a health check – here’s what you need to know about what the health check includes and what it means if you fail.
What are the medical reasons for a visa rejection in Australia?
Common reasons that an Australian visa application is rejected on medical grounds include:
- Active tuberculosis (TB) – visa applicants with active TB cannot be granted an Australian visa because they will not satisfy health-related visa criteria. Such applicants will have their health assessments deferred until they successfully complete TB treatment.
- Medical conditions that are likely to require serious amounts of healthcare and exceed a ‘significant cost threshold’ or require services in short supply could trigger a visa refusal on health grounds. Some of the medical conditions that could be included are:
- HIV/AIDS
- Chronic kidney disease or renal failure
- Hepatitis B or C
- Cancer or leukaemia
- Heart disease or stroke
- Intellectual or functional disabilities
- Mobility or neurological disorders
- Severe mental health disorders
- Organ transplant recipients
Health waivers
Importantly, health waivers are only available for certain visa subclasses. This means that the Department of Home Affairs (DOHA) may waive the health requirement of certain visa applications.
To apply for a health waiver, you’ll need to lodge a detailed submission and supporting documents to the DOHA, explaining why they should apply the waiver and grant your visa.
Health waivers are considered by the DOHA on a case-by-case basis. Some of the factors that may be considered are:
- Whether you or any of your family members can lessen the potential cost of your health condition and your reliance on Australia’s healthcare and community services.
- Compassionate and compelling circumstances that support exercising a health waiver in your case.
Are health requirements the same for all visa applicants?
The need to meet health requirements can vary depending on the type of visa you’re applying for (e.g. permanent, provisional or temporary).
If you’re applying for a permanent or provisional visa, you’ll need to complete a health examination and meet the health requirements.
For temporary visa applicants, whether you need to complete a health examination will depend on a number of factors, including:
- The visa subclass you are applying for
- How long you plan to stay in Australia
- Whether your health is considered to be of special significance, based on your plans in Australia (e.g. for a holiday or to study)
- The level of TB risk in your country of residence
Most visa applicants will need to meet the health requirements. Additionally, for some visa subclasses, non-migrating members of your family unit must also satisfy the health criteria in order for you to be granted the visa.
Facing an Australian visa rejection due to mental health
“Having a mental health condition may impact the health check requirement of your Australian visa application,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.
“If the condition is severe, untreated, or likely to require expensive treatment or scarce resources or services, this can increase the risk of receiving a visa rejection for mental health reasons, especially if a health waiver is not available for the visa subclass you’re applying for or your visa application isn’t thorough enough.”
If you have a mental health condition, you should be prepared to do the following when applying for your visa:
- Disclose the details of your mental health history in full (non‑disclosure can cause a visa refusal)
- Provide medical documentation, including treatment records, clinician reports, and medication history
- Provide evidence that your condition is well‑managed (e.g. proof of ongoing therapy, compliance with medical directions to take necessary medications)
- Demonstrate how you are able to manage stable employment or education despite your medical condition, and any support you have from family, along with supporting evidence
Visa rejections based on mental health can be disputed (if eligible) by lodging an application with the Administrative Review Tribunal (ART), giving you an opportunity to present new evidence not previously considered by the DOHA in your original application.
PAX Law can help you navigate visa medical requirements
If your visa has been refused due to failing to meet the health requirements, the PAX Law team is here to help. Our highly skilled and experienced immigration lawyers will assess your circumstances, including the reason your health requirement has not been met, and whether you’re eligible to apply for a review of the decision with the Administrative Review Tribunal (ART).
If you proceed with an appeal, our lawyers will manage the review application on your behalf, including lodging the application for a review with the ART and preparing a detailed submission explaining your situation, addressing relevant provisions and making sure that strong supporting evidence is included. We’ll provide guidance on the types of evidence to provide and assist with gathering and presenting it.
In the event that you either are not eligible to apply for a review or you decide not to, the PAX Law team can provide expert advice on alternative potential visa pathways to consider (importantly, one that allows a health waiver to be considered). We’ll assist with further visa applications and advise you on the types of medical evidence to provide to reduce the chances of another visa refusal.