You have received a Natural Justice letter or an Invitation to Comment letter? Like this?
FORM 884: OPINION OF A MEDICAL OFFICER OF THE COMMONWEALTH
THE APPLICANT DOES NOT MEET THE HEALTH REQUIREMENT
The applicant has been assessed against Public Interest Criterion (PIC) 4005 for the period of a permanent stay in Australia.
I consider that a hypothetical person with this disease or condition, at the same severity as the applicant, would be likely to require health care or community services during the period specified.
You have had a visa medical and you are affected by PIC 4005 or PIC 4007?
For PIC 4005 that must be met in a visa medical and the condition is significant, you have a small chance of a visa being granted. The letter may suggest you can reply and have a chance of success but in reality, the letter is a formality and your visa is heading for refusal.
For PIC 4007, the rules are quite different and have a better chance of success. The letter will say which criteria is being applied to your visa.
For instance, common conditions that cause this might include Hepatitis B or C, HIV, heart conditions etc. These have a potentially very high cost to the health system in Australia and they will assess the long term lifetime costs, or at least the term of the visa. These conditions have an extremely small chance of being accepted for a visa.
You think you can reduce the cost by importing your own medication? Sorry, the Australian government must assume it will have to meet these costs. It will decide based on what the costs will be to them.
Can I appeal?
An appeal applies the same law. If you are advised you can appeal, review the comments below, they will give you an idea of prospects of success.
What to do now?
If you are overseas and with a significant health condition affected by PIC 4005, we regret we cannot assist. However, we recommend you get a second opinion.
If you are in Australia there may be some options. What we need to see or know:
- You must have close relatives in Australia as Permanent Residents or Citizens or:
- If your visa is based on a specific highly sought after career type, advise us what it is. Very occasionally, a rare job very much needed by Australia can assist.
There is no waiver of the health condition if it comes under PIC 4005. If you meet some of the criteria in 1 or 2, contact us for an opinion. Send us the letter from the Department and the Medical Officers Opinion, Form 884.
If you fit into the categories 1 or 2 above, it is possible we can help with a different strategy to stay in Australia. Otherwise, we regret we cannot assist but we recommend you get a second opinion.