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Australian Visas

Health and Character Issues

When applying for all visas to enter Australia you have to meet character requirements and you are also required in a large number of visas, to also meet strict health requirements. These health and character issues are very important to rectify when applying for an Australian visa.

Character Issues

Most Australian visas require you to pass the character test and prove that you meet the public interest criteria.

You may not pass the ‘character test’ if:

  • You have a substantial criminal record;
  • You have been associated with people or groups that the Department suspects of being involved in criminal activities;
  • Your past or present criminal or general conduct is of concern to the Department; or
  • The Department is concerned that while you are in Australia, there is a significant risk that you may:
    • Be involved in criminal conduct,
    • Harass, molest, intimidate or stalk another person,
    • Vilify part of the Australian community,
    • Incite discord in the Australian community, or
    • Represent a danger to the Australian community.

If you fail the character test it does not mean your visa will be refused or cancelled. We have extensive experience in making submissions and acting for applicants who have been called on to show cause why they should be granted a visa due to their character, or who have failed a character test. It is extremely important to get the right legal advice and this could involve appealing the decision of the Department.

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Health Issues

All applicants for Australian visas must meet strict health requirements before their visa can be granted. There are different health requirements for temporary and permanent visas.

Medical examinations and x-rays are conducted by Bupa Medical Visa Services if you are in Australia, and by specific immigration panel doctors if you are outside Australia.

Temporary entry

The type of assessment that you will have to undergo depends on:

  • Your intended activities in Australia;
  • Your intended length of stay in Australia; and
  • Where you have lived prior to entering Australia.

Permanent entry

If you are applying for a permanent visa, you and all members of your family unit (whether or not they are included in your application) will need to be assessed against the health requirement.

Applicants for permanent visas will need to undergo a medical examination and a chest x-ray. The medical examination will include testing for:

  • Tuberculosis;
  • Hepatitis B; and
  • HIV.

The Department can also request further specialist medical reports relating to other conditions.

If you fail the health test your visa will be refused, but it does not mean you cannot appeal the decision.  We have extensive experience in making submissions and acting for applicants who have health issues and who have had a visa refused due to health issues.  It is extremely important to get the right advice and this could involve appealing the decision of the Department