To qualify for a visa you must demonstrate that you do not have a medical condition, receiving treatment for which, would result in significant cost to the Australian community or make it harder for Australians to access the same treatment.
In some cases it is possible to still obtain a visa if you can prove that the costs associated with your treatment, while significant, will not be undue.
In September 2012 the Department's guidelines defined “significant cost” as more than $7, 000 per year. Treatment associated with even non-serious medical conditions will often cost more than $7,000 per year. It is therefore very easy to fail the health requirement.
Medical assessments are carried out by the Medical Officer of the Commonwealth (MOC) and the Department of Immigration must accept their assessment as correct unless it is not a valid opinion. If the opinion is not valid it may be challenged.
It is very important that your representative understands migration law and the (often complicated) medical evidence associated with these matters. Our immigration lawyers have established relationships with leading specialists who can provide opinions in relation to the cost of treating your condition in Australia. In our experience, the MOC places a lot of weight on genuine expert evidence.
If your visa application has been refused because you do not satisfy the health criteria you can challenge that decision in the Migration Review Tribunal. Strict time limits apply for you to lodge a case in the MRT.
We have much experience assisting clients to obtain visas with serious medical conditions. One of our clients was recently granted a permanent residence visa even though there was a real risk he would require a heart transplant in Australia, the costs of which were estimated to be $1 million.
If you have a medical condition and are concerned that you may not satisfy the health requirement please contact us now.