Positive changes to health assessments for child visa applicants born in Australia

Changes to the Migration Regulations, which came into effect on 16 October 2024, recognise that children who have been born in Australia to overseas nationals and who have spent a significant part of their childhood residing here have a strong connection to the Australian community. With these changes, minor visa applicants are now excluded from having to meet the migration health requirements if they meet certain criteria.

What is the migration health assessment?

The key requirements of the migration health assessment are that:

1. the visa applicant must be free from a disease or condition which would result in a significant cost to the Australian community for them to access necessary health care or community services if they were granted a visa; and
2. their health requirements must not prejudice access by an Australian citizen or permanent resident to health care or community services.

This legislation has been the subject of inquiry and debate for decades. Many “common sense” recommendations have been made to government during that time, with very few of them being implemented.

The Significant Cost Threshold (SCT)

The Significant Cost Threshold is a threshold figure set to contain public expenditure on health care. As of 1 July 2024, the SCT sits at $86,000. You can read more about the SCT on the Department of Home Affairs – Immigration and Citizen website here.

What’s changed for child visa applicants?

The changes to the Migration Regulations (which came into effect on 16 October 2024) exclude child visa applicants from having to meet the health requirement if:

• they are under 18 years of age at visa lodgement date;
• were born in Australia; and
• they have been ordinarily resident in Australia for more than 50% of the time from their date of birth to the date of visa lodgement.

What does that mean in practical terms

Child visa applicants will still be required to undergo a health examination. If the assessment results in a “does not meet” outcome, the case officer will then be required to formally assess the applicant against these new requirements to apply this special consideration.

That formal assessment process will happen automatically and will not need to be specifically requested. Evidence in the form of an Australian Birth Certificate will be required and residency records or movement records will be utilised by the case officer to establish periods of time spent onshore.

These amendments also apply to undecided visa applications submitted prior to 16 October 2024 and to any refused visas currently undergoing merits review through the Australia Review Tribunal, which may be remitted at a later date.

The reference to “child visa applicant” includes a minor applying for any temporary or permanent visa in Australia.

What if my child has not been ordinarily resident in Australia for the required period?

If your child does not satisfy these new requirements of having been born in Australia and been ordinarily resident for at least 50% of the period between their birth and the date of visa lodgement, then they may be considered for a health waiver if that is available based on the type of visa application that has been made.

As has always been the case, if the visa is refused because of the child’s failure of the health requirement, then a merits review application through the Australian Review Tribunal can open up the pathway for Ministerial Intervention in compelling cases.

Migration agent assistance

If you’re having any difficulties in relation to your visa application, the health criteria, a specific health waiver request or any other visa and migration issues, our registered migration agent can assist.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au

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