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Migration Amendment (Chest X‑ray Requirements) Regulations 2019

Australia’s migration framework requires applicants for permanent visas and some temporary visas to satisfy health requirements to ensure they do not pose a risk to the Australian community or compromise Australia residents’ access to health services. 

The Migration Amendment (Chest X-ray Requirements) Regulations 2019 (the Regulations) relate to certain unauthorised maritime arrivals (UMAs).  The meaning of ‘unauthorised maritime arrival’ is contained in section 5AA of the Migration Act.  The temporary protection visas for which UMAs may be able to apply are the Subclass 785 (Temporary Protection) visa and the Subclass 790 (Safe Haven Enterprise) visa. 

Applicants for these visas are subject to chest x-ray requirements.  The purpose of a chest x-ray is to screen for tuberculosis.  An applicant under the age of 11 is generally not required to undergo a chest x-ray.  

Holders of these visas may need to make another application for either visa.  In this situation, the original chest x-ray meets the requirements for the subsequent visa application.  However, applicants who were under the age of 11 when they previously applied, and did not require a chest x-ray at that time, are currently required to provide an x-ray if they are aged 11 or older. 

These are the applicable amendments:

a)  applications for Subclass 785 (Temporary Protection) visas or Subclass 790 (Safe Haven Enterprise) visas made, but not finally determined, before 2 March 2019; and

(b)  applications for Subclass 785 (Temporary Protection) visas or Subclass 790 (Safe Haven Enterprise) visas made on or after 2 March 2019.

Source: 

Regulation: https://www.legislation.gov.au/Details/F2019L00185

Explanatory Statement: https://www.legislation.gov.au/Details/F2019L00185/Explanatory%20Statement/Text

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