Public Interest Criteria 4005 and 4007 | Understand health requirements for Visas
What are the health requirements?
As part of the visa application process, applicants are required to undergo a health assessment under either Public Interest Criteria (PIC) 4005 or 4007. You will need to demonstrate that you are free of illnesses such as:
from tuberculosis
from a disease or condition that could be a threat to public health (such as coronavirus) and
from a disease or condition that would likely require health care services that incur a significant cost (currently set at $86,000) or prejudice access for Australians.
The primary difference between the two health criteria lies in the availability of a waiver from the Minister in PIC 4007 on the grounds that all the other visa application requirements are met and that the potential cost or prejudice is not undue.
How is the cost calculated for PIC 4005 & PIC 4007?
The ‘significant cost threshold’ of $86,000 is calculated based on a number of different factors, such as:
the duration of a person’s visa
their age, and
the health conditions or diseases they have
The health assessment is made by a Medical Officer of the Commonwealth in accordance with their guidelines for determining which costs should be included in the estimate and the length of the cost assessment period. The total healthcare costs for an applicant cannot exceed the significant cost threshold across this relevant period.
For temporary visa applicants
For temporary visa applicants, the relevant cost assessment period would be the duration of the visa if granted. However, it is possible for the length of the temporary visa to be shortened if it would otherwise allow an applicant to fall below the significant cost threshold.
For permanent visa applicants
For permanent or provisional visa applicants, factors such as age and the health condition of the individual play a larger role in determining the cost assessment period.
Applicants who are above the age of 75 years will only be assessed over a 3-year period, whereas younger applicants will be assessed across 5 years.
If an individual has a permanent condition or disease that can reasonably be predicted to persist beyond the 5-year period, they can be assessed over a maximum 10-year period.
Similarly, applicants with reasonably predictable reduced life expectancy can also be assessed for up to 10 years.
The cost threshold is assessed on the basis of a hypothetical person with the same condition or disease at the same degree of severity as an applicant. It is irrelevant whether you will actually require health care services under this test.
How can I navigate around the health requirements?
For PIC 4005
If you are required to meet PIC 4005, there is no waiver available. However, after being informed of the medical officer’s assessment, you can ask for a cost breakdown to review their calculations for any errors or submit new medical evidence that can change their assessment.
You can apply for a merits review of the decision at the Administrative Review Tribunal (ART) within 28 days. However, the scope for review is limited under PIC 4005. The main reason for undergoing merits review is that it is a precondition for a request for ministerial intervention. The Minister can intervene to grant a visa if they are satisfied that it would be in the public interest to do so. Additionally, if there is an error of law (jurisdictional error) in the decision, such as failing to take into account new medical evidence, then there is the possibility of judicial review at the Federal Court following merits review.
For PIC 4007
If you are applying for a visa that requires you to meet PIC 4007 instead, the options above are still available, but you can also apply for a health waiver. You will need to establish that there are compassionate and compelling circumstances that justify such a waiver, such as if the applicant has a dependent child in Australia. Other factors that may be considered by the minister can be found similarly under the ministerial guidelines. If your estimated medical costs exceed $500,000, a recommendation from the Migration Health Section is also required before a waiver can be exercised. Depending on the visa subclass you are applying for. It may also be beneficial to select a particular stream with a health waiver if you are concerned that you may not meet the health requirements.
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How Can Agape Henry Crux Help
Are you wondering if you may or may not meet the health criteria due to your ongoing health issues? Speak to one of our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers at Agape Henry Crux. The team specialises in handling highly complex matters. You can schedule with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
