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Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022

By making a legislative instrument under subclauses 4005(3) and 4007(1B), the Minister can exclude the cost of specified health care and community services from the consideration of costs under sub-subparagraphs 4005(1)(c)(ii)(A) and 4007(1)(c)(ii)(A).

The specified costs are excluded from the assessment of the health criteria in relation to all temporary visas that are subject to the health criteria, other than specified temporary visas that provide a pathway to permanent residence. These visas are specified in a separate instrument. See the Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022. 

The instrument specifies health care and community services for this purpose. The health care and community services specified in the instrument are provided by the Australian government to Australian citizens and permanent residents and generally are not available to temporary visa holders.

This means that it is reasonable to exclude these costs from a MOC’s considerations under regulation 2.25A in relation to applicants for temporary visas other than the specified temporary visas that lead to permanent residence.

Source: LIN22014.pdf and LIN22014-Explanatory-statement.pdf

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