What is a Health Waiver?

What is a Health Waiver?

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What is a Health Waiver?

The health-related PICs (4005-4007) stipulate the health requirement that must be met before the grant of a visa. To meet the health requirement to be granted a visa, a visa applicant’s immigration medical examination results must be assessed, and they must be granted a health clearance. If the health clearance is a “Does Not Meet”, the applicant has not met the health requirement and a visa cannot be granted unless a health waiver is available and exercised.

A health waiver can only be exercised for visa applicants for certain visas to which PIC 4007 applies. This includes all Refugee and Humanitarian visas, certain skilled, business, and other non-humanitarian migration visas, the 500-student visa, and the Temporary Skill Shortage (subclass 482) visa.

Delegation to waive:
Waiving the need to meet the health requirement may have significant implications for Australia’s health care and community services. Consequently, under policy, only officers who are at the EL1 level or above and delegated under Section 65 of the Act (s65) to grant or refuse visas may make a health waiver decision.

Important: The EL1 or above s65 delegate who makes the decision on whether to exercise a PIC 4007 waiver must also make the decision to grant or to refuse to grant the visa to avoid split decision making.

When can a waiver be exercised?
No health waiver is available if the applicant has failed to meet health on TB, danger to the community, or other public health risk grounds. A health waiver can only be exercised in accordance with PIC 4007(2) if the visa applicant has failed to meet the health requirement, because, a MOC has assessed them as having a disease or condition that is likely to result in significant health care and community service costs or prejudice the access of Australian citizens or permanent residents to such services.