Health Waivers Application and Health Submissions
When approving the majority of Australian visa applications, the Department of Home Affairs (DHA) will only grant a visa if the applicant passes the health requirement.
If the health clearance is a “Does Not Meet”, meaning the applicant has not passed the health examination, the visa cannot be granted unless the applicant is contacted by DHA telling them they might be eligible for a health waiver.
A health waiver will only be offered to visa applicants (and any non-migrating family members) of certain visas to which PIC 4007 applies.
When a PIC 4005 applies, if an applicant (or a non-migrating family member) fails to meet the health requirement for a visa, there is no provision for a health waiver to be considered.
An applicant will not meet health requirements if they have a condition or disease that is considered to be a threat to public health or a danger to the Australian community or whose condition will result in a significant cost to the Australian community.
How to Obtain a Health Wavier
Once you have been assessed as not meeting the health requirement, DHA will only invite you to submit information in favour of a health waiver if one is available by law – this depends on the visa subclass you applied for. All health waivers are examined on a case by case basis. You must be prudent when selecting what further information you will provide. The outcome of your visa application will depend on this submission.
Putt Legal has the experience and expertise required when submitting health waiver submissions. We have helped many clients with a range of medical conditions and have also successfully represented clients at the Administrative Appeals Tribunal (AAT) to overcome a refusal of a health waiver by the DHA.
For us to help, we will need to review the following information;
- Visa Application
- Health Waiver Consideration Letter
- Natural Justice Does Not Meet Health Requirement Letter
- Form 884 Opinion of Medical Officer of the Commonwealth
- Health Waiver Information notice
- Any other information regarding your medical condition that you feel is relevant