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A visa may be refused if an applicant does not meet the health requirement. Specifically because the applicant has:
Encountering a visa refusal can be a distressing experience for many. To effectively address such refusals, it is crucial for visa applicants to fully understand the specific circumstances surrounding their refusal to then take appropriate measures to resolve the underlying issues. Therefore, it is strongly recommended that individuals seek assistance from migration lawyers.
Addressing visa refusals varies based on the individual's unique situation, the grounds for the refusal and the type of visa being sought for. In certain instances, a refusal can undergo a review process at the Administrative Appeals Tribunal (AAT) where a tribunal member evaluates the Department's decision. In limited circumstances, individuals may opt to further appeal an AAT decision to the Federal Court if they believe that the AAT has made a legal error. It is crucial to emphasise that appeals are subject to stringent time constraints as such, it is important to act immediately upon receiving a notice of refusal.
If you suffer from a chronic disease or condition that requires medical treatment that would prevent you from meeting the health requirement, a health waiver is available in certain circumstances. A health waiver can only be applied for if the visa you applied for has what is known as a ‘PIC 4007’ attached which will allow you to waive the need to meet the health criterion.
Ordinarily, a visa refusal means that you will not be granted the visa you applied for resulting in the denial of your entry into the country. If you do not successfully address a refusal through a successful visa appeal or by submitting a new visa application, you will not be allowed in the country or be required to depart Australia as you do not hold a substantive visa.
If a visa appeal is successful, the Department of Home Affairs will likely grant the applicant's visa. On the other hand, if an appeal at the AAT is unsuccessful, there is a potential avenue for appealing the decision in the Federal Circuit Court, albeit under restricted circumstances and under specific criteria. In situations where pursuing a Federal Court appeal is not a feasible option, visa applicants must make arrangements to depart Australia if they are within the country or abstain from entering if they are outside Australia.
Our experienced team at Australian Migration Lawyer are well-versed in immigration law, particularly in complex cases involving cancellation and refusals. Our primary objective is to facilitate access to justice, a commitment we uphold by providing assistance to individuals who entrust us with their visa refusal concerns.
Our professional fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about the total costs associated with their visa appeal. We offer payment plans based on different financial needs to provide flexibility for our clients.
Navigating a visa refusal can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you with the next steps.
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Read our most frequently asked questions about visa refusals on health grounds:
If a PIC 4007 is not attached to your visa, a PIC 4005 will be attached and this will not allow you to apply for a health waiver. This means that if you do not meet the health requirements, you will not be granted a visa.
The significant cost threshold is currently $51,000. Your health condition would be considered to cause a significant cost to the community if it is over this threshold.
A condition that would require access to services such as organ transplants or dialysis which are considered to be in short supply will be deemed as prejudicing access to healthcare or community.