澳洲簽證會因為醫療原因被拒嗎？

符合最低健康要求是簽發大多數澳洲簽證的必要條件。如果您不確定自己的情況，或對特定的健康狀況有疑慮，澳洲移民律師事務所的團隊可以就移民程序提供專業的法律指導。雖然我們不提供醫療建議，但我們在處理健康標準（包括可能需要健康豁免的複雜個案）方面擁有豐富的經驗，可協助您瞭解您的法律選擇。

體檢流程是怎樣的？

Most Australian visa applications must undergo a mandatory medical examination as part of the visa application process. The examination typically includes a physical assessment, medical history review, and may involve specific tests depending on the type of visa being sought.

您的健康檢查結果在決定您的簽證申請成功或可能被拒絕方面起著關鍵作用。如果您的醫療狀況可能會給澳大利亞社區帶來重大費用或損害澳大利亞公民和永久居民獲得醫療保健或社區服務的機會，您的簽證申請可能會被拒絕。同樣，如果您的醫療狀況被認為對公共健康或安全構成威脅，您的簽證申請也可能被拒絕。

How the Department of Home Affairs Assesses Medical Conditions

Once you have completed your medical examination, the examining panel physician records the results and provides a recommendation regarding your health status to the immigration authorities. The examination results and recommendations are then submitted to immigration authorities for assessment. At this stage, you will either be deemed to meet the health requirement, or your case will be referred to a Medical Officer of the Commonwealth (MOC) for their expert opinion. The MOC may request additional information from you or recommend further health examinations as part of the assessment process. The MOC will then advise the Department of Home Affairs (DOHA) whether:

• You meet the health requirements
• You will meet the health requirement only upon signing a health undertaking
• You do not meet the health requirement, but a health waiver may be available
• You do not meet the health requirement, and no health waiver is available

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Common Medical Conditions That May Lead to Visa Refusal

The only medical condition that will automatically result in a visa rejection is active tuberculosis. If you have active tuberculosis, you will not be granted a visa until you have received treatment and a MOC has found you are free of it. Every other condition detected during medical examinations or disclosed in the application will be assessed individually. The evaluation considers the potential impact on the Australian community, including associated treatment or support costs for the specific condition.

然而，雖然並非所有健康情況都會自動導致簽證被拒，但有些可能會帶來挑戰。導致簽證被拒的常見醫療狀況包括：

• 結核病（TB）：這種傳染病是一個重大問題。如果申請人在體檢期間被診斷出患有活動性結核病，則在申請人完成治療之前，簽證可能會被拒絕。
• HIV and hepatitis: While HIV or hepatitis are generally not perceived as threats to public health, if you possess either condition and apply for a temporary visa, it may be deemed a potential threat to public health, especially if your intended profession is in the medical field, such as a doctor, nurse, dentist, or paramedic in Australia.
• 智力障礙;
• 腎臟疾病或衰竭;
• 癌症：最近診斷或正在進行的某些癌症治療可能會影響簽證批准，特別是如果預計治療會給公共衛生資源帶來壓力;和
• 心理健康情況：雖然不是拒絕的自動理由，但如果某些嚴重的心理健康問題被確定會導致大量的醫療保健和社區服務費用，則它們可能是一個問題。

If you have a diagnosis that corresponds with any of the conditions listed above, there's no need to worry, as no condition (bar active tuberculosis) is inherently disqualifying. In any event, there are alternative options which may be available to you, such as health waivers and health undertakings.

健康事業

如果您的健康檢查顯示您接觸過結核病或其他令人擔憂的健康情況，您可能會被要求簽署一份健康承諾書。健康承諾是與澳大利亞政府達成的協定，您同意前往澳大利亞的健康診所跟進您的病情並完成所需的任何進一步調查或治療過程。

作為安排的一部分，您必須在抵達澳大利亞后 28 天內與保柏醫療簽證服務聯繫。只有在簽署健康承諾書後，簽證才會被授予，通過這樣做，該部門將確認您符合健康要求。

健康豁免

Certain visa subclasses allow for the consideration of a health waiver if an applicant doesn’t meet the health requirement. A Health Waiver may be exercised if the applicant can demonstrate that granting the visa would not lead to significant health care and community service cost to the Australian community or prejudice the access of an Australian citizen or permanent resident to healthcare or community services which are in short supply. However, health waivers are not available to applicants who have active tuberculosis or another condition that poses a threat to public health in Australia.

You do not need to apply for a health waiver. In the event that you do not meet the health requirement and a health waiver is applicable to your visa subclass, your visa processing officer will contact you to notify you of the available option and request additional information. You will be asked to provide additional details about why a health waiver should be exercised and complete a formal submission template, explaining to the Department of Home Affairs why they should exercise a health waiver.

每項健康豁免都會根據個人情況進行評估，並考慮各種因素，例如：

• 您或您的家人有可能減輕您的健康情況的相關成本，並減少對醫療保健和社區服務的依賴。
• 任何富有同情心和令人信服的情況，主張在您的特定情況下行使健康豁免。

Was Your Visa Refused Due to Medical Reasons? Your Next Steps

如果 DOHA 因健康原因拒绝了您的签证申请，您可以选择向行政复议法庭（ART）申请复议。您的签证决定书将概述行政复议法庭是否有资格对拒签决定进行复议，并规定提交复议申请的时限。如果行政复议法庭无法进行复议，则可向澳大利亚联邦法院提起上诉。

常見問題

1. What medical issues can cause an Australian visa refusal?

A visa can be refused if an applicant does not meet Australia’s health requirements. Generally, it may be refused where a condition is likely to result in significant healthcare or community service costs. Some commonly assessed conditions are active tuberculosis, serious chronic illnesses (HIV/Hepatitis), and conditions requiring long-term care (like cancer).

2. Can I apply for a visa if I have HIV or cancer?

Yes, you can. Having HIV or cancer does not mean you cannot apply for a visa. Each case is assessed individually, so you must meet Australia's strict health requirements. Your case will be decided based on the likely total cost of your treatment to Australia’s healthcare system.

3. What is a Health Undertaking?

A Health Undertaking is a formal agreement that visa applicants sign with the Australian government to fulfil specific health requirements after arrival in Australia, such as ongoing medical monitoring or treatment for serious health conditions like TB, Hepatitis B, and HIV.

4. What is a Health Waiver?

A Health Waiver is a formal request that is made under PIC 4007 for certain visas to be granted even if the applicant does not meet the standard health requirements, provided the Minister or a Department of Home Affairs officer (delegate) is satisfied that granting the visa would not result in undue cost or unfairly limit Australians’ access to health or community services.

5. Can I appeal a visa refusal due to medical reasons?

In many cases, yes. If your visa is refused, you may apply to the ART for a review of the decision. The details for this will be specified in your visa refusal letter.