The Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 introduces crucial changes to the health requirements in the Migration Act 1958, specifically benefiting minor visa applicants with disabilities or health conditions. These changes aim to create a more equitable and inclusive migration process for children born and ordinarily residing in Australia.
Key Aspects of the Amendment:
- Previous Health Criteria:
Under the former regulations, all visa applicants, including minors, had to meet strict health requirements that prevented the grant of a visa if the applicant had a disease or condition that could impose significant healthcare costs or reduce service access for Australian citizens and residents.
- Exemptions for Minor Applicants:
The new regulations exempt minor visa applicants born and ordinarily residing in Australia from these health-related restrictions. This change ensures that children with disabilities or health conditions are no longer ineligible for visas due to potential costs to healthcare or community services.
- Applicability:
The amendment applies to both visa applications lodged before and after the regulation’s commencement and extends to applications under merit review.
Impact:
This reform ensures that children with health conditions born in Australia are treated equitably in the migration process, promoting inclusivity and supporting families seeking to remain in Australia.
For more information:
https://migrationalliance.com.au/images/easyblog_images/5725/Migration-Amendment-Public-Interest-Criteria-4005-and-4007-Regulations-2024.pdf
https://migrationalliance.com.au/images/easyblog_images/5725/Migration-Amendment-Public-Interest-Criteria-4005-and-4007-Regulations-2024-explanatory-statement.pdf