Australian Immigration Daily News

The Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 introduces significant changes to the migration health requirements under the Migration Act 1958. This amendment specifically benefits minor visa applicants born and ordinarily resident in Australia with a health condition or disability by exempting them from certain health-related criteria that would previously have made them ineligible for a visa due to the potential cost of healthcare or community services to the Australian community.

Key aspects of the amendment:

• Previously, visa applicants, including minors, had to be free from diseases or conditions that could impose significant healthcare costs or limit access to services for Australian citizens and residents.
• Under the new regulations, minor visa applicants born and ordinarily residing in Australia are not required to meet this condition. This change aligns with the Australian Government's response to the Royal Commission into Violence, Abuse, Neglect, and Exploitation of People with Disabilities.
• This adjustment applies to visa applications made before or after the commencement of the regulations and is applicable to those under merits review as well.

The goal of this reform is to create a fairer, more inclusive migration system for children born in Australia with disabilities or health conditions, ensuring they and their families have equitable access to the visa process and the possibility of permanent residency.

The regulations came into effect the day after their registration on the Federal Register of Legislation.

Source: Migration-Amendment-Public-Interest-Criteria-4005-and-4007-Regulations-2024.pdf and 

Migration-Amendment-Public-Interest-Criteria-4005-and-4007-Regulations-2024-explanatory-statement.pdf