Visa Refusal on Medical Grounds Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Health-Related Visa Refusals

Health Refusal Assessment & Advice

We assess your visa refusal on health grounds and offer clear guidance on your options.

Health Waiver Submissions

Our lawyers prepare compelling health waiver submissions, gathering medical evidence to support your visa waiver.

Visa Appeal Representation (ART & Courts)

We offer legal representation in health appeal cases before the ART and, if needed, the Federal Courts.

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We encourage a free 15-minute call to discuss your situation & map out a path to successfully appealing your visa refusal on medical grounds.

What Our Happy Clients Say

Hear directly from our successful learners.

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Understanding Health-Based Visa Refusals

Australian visa applications can be refused if a health condition is deemed a public health threat, likely to result in significant cost to the community, or prejudice access to scarce medical services for citizens. Strict time limits apply for appealing such decisions.

For certain visa subclasses, a “health waiver” may be an option. This requires demonstrating that granting the visa, despite the health condition, would not impose undue costs or burdens on Australia’s health system. Navigating these assessments and waiver provisions is complex and time-sensitive.

Why Choose Moya Migration Law for Your Health-Related Appeal?

Facing a visa refusal on medical grounds requires specialised legal expertise. Moya Migration Law offers a compassionate, client-focused approach combined with strategic advocacy to navigate complex health requirements and fight for your future in Australia.

Specialised Experience in Health Refusals

With over 20 years in migration law, our team has profound experience managing complex visa refusals on medical grounds and navigating health waiver provisions.

Client-Focused & Compassionate Support

We offer personalised service, understanding the stress of health-related visa issues, and provide clear, supportive guidance throughout your appeal.

Strategic Advocacy for Health Waivers

We develop tailored strategies, preparing robust health waiver submissions and compelling arguments to maximise your chances of a successful outcome.

In-Depth Health Requirement Knowledge

Our deep understanding of Australian immigration law and specific health criteria ensures your case is meticulously prepared to address all requirements.

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15-Min Consultation

Our 5-Step Process for Health-Based Visa Appeals

Navigating a visa refusal on health grounds requires a clear, structured approach. Moya Migration Law guides you through each step, focusing on meticulous preparation and expert advocacy to address complex health requirements and secure the best possible outcome.

1

Initial Consultation & Engagement

We discuss your health-based visa refusal, analyse the decision, explain your legal options, and outline a tailored strategy for your appeal.

2

Evidence Gathering & Case Preparation

We assist in collecting crucial medical reports and other evidence, then prepare detailed written submissions for your health waiver or appeal.

3

Submission & Ongoing Communication

We manage the formal submission to the relevant authority (e.g., ART), ensuring compliance, and keep you regularly updated on your case status.

4

Skilled Representation at Hearing/Review

Our legal team provides expert representation at any tribunal hearings, advocating strongly to address health requirements and secure your visa.

5

Post-Decision Guidance & Next Steps

Following a successful outcome, we guide you through finalising your visa. Should further advocacy be needed, we clearly advise on all available legal pathways to achieve your goal.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Dedicated Visa Appeal Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages each client’s case. With over two decades of experience in Australian migration law since 2002, Daniel brings a wealth of knowledge and a client-first approach to every visa refusal, including complex health-related matters.

Daniel is committed to achieving positive outcomes by providing clear, plain-English advice and practical solutions for your visa challenges. He has extensive experience with appeals before the Administrative Review Tribunal and Federal Courts, and also offers assistance in Spanish.

Frequently Asked Questions About Visa Refusal on Medical Grounds

What is the medical examination process for an Australian visa?

The medical examination process for an Australian visa is a mandatory assessment for most applicants, which includes a physical check-up and a review of your medical history. The results are assessed to determine if you meet the health requirement, and in some cases, your file may be referred to a Medical Officer of the Commonwealth (MOC) for an expert opinion. This assessment is a critical part of your visa application.

What are common medical conditions that lead to visa rejection?

Common medical conditions that can lead to a visa rejection include active tuberculosis, which results in an automatic refusal until treated, and other conditions like cancer, renal disease, and HIV. These health conditions are assessed on whether they pose a threat to public health or are likely to result in a significant cost to the Australian community. The potential impact on health care and community services is a key factor in the visa decision.

What is a health waiver?

A health waiver is a provision available for certain visa subclasses that allows the Department of Home Affairs to waive the health requirement for a visa applicant. It may be granted if it can be proven that granting the Australian visa would not result in significant cost or prejudice the access of Australian citizens and permanent residents to health care or community services. A health waiver is not available to applicants who are considered a threat to public health.

Do I need to apply for a health waiver?

No, you do not need to apply for a health waiver proactively. If you do not meet the health requirement and a health waiver is available for your visa subclass, your visa processing officer will contact you. You will then be invited to provide information and submissions as to why a waiver should be granted for your visa application.

What is considered a significant cost?

A significant cost is a financial threshold, currently set at $51,000, used to assess the potential expense of a visa applicant’s health condition to the Australian community. If the estimated cost of your medical treatment is over this amount, you will be considered not to meet the health requirement. This is a critical factor in the visa decision for your visa application.

What does prejudicing access to healthcare mean?

Prejudicing access to healthcare means that your health condition requires medical treatment or services that are in short supply and high demand, such as organ transplants or dialysis. Using these limited health care or community services would be seen as harming the access of an Australian citizen or permanent resident to necessary care. This is a primary reason a visa may be refused on health grounds.

What happens if my visa is refused on health grounds?

If your visa is refused on health grounds, the refusal decision letter will state whether you have the right to have the decision reviewed. If so, you can apply to the Administrative Review Tribunal (ART) to appeal the visa refusal. In limited circumstances, an unfavourable decision from the ART can be appealed to the Federal Court of Australia.

What if my visa type does not allow for a health waiver?

If your visa type does not allow for a health waiver, it means it is subject to the ‘PIC 4005’ health criterion instead of ‘PIC 4007’. Under PIC 4005, if you do not meet the health requirement, your visa application will be refused. There is no option to have the health issue waived for these certain visa subclasses.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.