New Changes to Public Interest Criteria

Applicants (and family members) seeking an Australian visa may be required to pass a medical examination before the Department of Home Affairs will grant the visa (Migration Regulations, 1994, Schedule 4, Public Interest 4005, 4007).

Situations have arisen where a family member tied to the primary applicant did not meet the health requirement, in which case the Department could refuse an application by the primary applicant (the ‘One Fails, all Fail’ rule).

A recent amendment to Schedule 4 of the Migration Regulations provides that a minor born and residing in Australia and tied to the primary applicant will no longer be required to meet certain health requirements.

This change will be of significant benefit to parents or carers of minors who would otherwise satisfy the visa application requirements but for their child’s disability or health condition.