Immigration Law – health criterion – diagnosis of cancer – partner

Publish Date: Aug 09, 2013

The health criterion is just one of the requirements that need to be met to be granted a visa for Australia. The health criterion varies from visa to visa. A waiver of the health criterion is available for some, but not all, visa categories.  

The Department of Immigration and Citizenship strictly applies the health criterion to:-

  • prevent the Australian community from being exposed to public health and safety risks (of particular concern is active tuberculosis);
  • ensure that Australian citizens and permanent residents are able to access health care and community services that might be in short supply; and
  • to contain public expenditure on social security benefits, allowances, pensions and other health and community services.

In the course of our immigration law practice we acted for an applicant who wished to migrate to Australia to be with his life partner. The couple had already lived together for an extended period in Australia and the visa applicant wished to migrate permanently to Australia.

As our preparation of the visa application for our client was nearing completion, he called to tell us that he had received the devastating news that he had been diagnosed with cancer. He was concerned that he would not be able to meet the health criterion for his visa. Requesting an urgent appointment with his immigration lawyer, an appointment was made available for him within the hour.         

We took detailed instructions from our client, and later reviewed his doctors’ and specialists’ reports from both Australia and overseas. We also conducted relevant research to understand our client’s prognosis, prior to making detailed submissions to the Department that our client’s health should not be an obstacle to him being granted a visa.   

We convinced the Department that, despite the bout of cancer, our client’s prognosis and overall circumstances meant that he was unlikely to prejudice any Australian citizen’s or permanent resident’s access to health care and unlikely to need access to public health care. The client’s visa application was then able to be progressed.      

Australian immigration law, especially that related to meeting the health criterion, is highly technical and some applicants require skilful representation.  A visa applicant with a health condition is not necessarily barred from migrating to Australia. Craddock Murray Neumann Immigration Lawyers has an extensive skill base and information resources to assist such applicants.

If you are seeking an Australian immigration lawyer, please phone Craddock Murray Neumann Lawyers on +61 2 8268 4000.  We can outline our fees and the services that we can provide for you.

Let us help you. Phone: +61 2 8268 4000 or Book a conference