Migration Act 1958 Direction under section 499 Early Health Assessment (Direction No. 34 of 2004) (Cth)

DIRECTION NO. 34

MIGRATION ACT 1958

DIRECTION UNDER SECTION 499

Early Health Assessment

PREAMBLE

Australia enjoys one of the lowest rates of tuberculosis incidence in the world. One of the major reasons for this is that the Australian government requires very rigorous health screening offshore of anyone intending to have an extended stay in Australia.

By contrast, as a matter of policy, most people entering Australia on temporary visas for a short stay are not required to undergo a formal medical examination, and their ability to satisfy visa criteria relating to health is assessed on the basis of their own declaration only. If such temporary visa holders then apply for a further stay once in Australia, whether that be for permanent residence or longer term temporary residence, then they are required to undergo formal medical examination as part of meeting the criteria for the further visa. 

The health requirements in visa criteria, as prescribed in Schedule 4 of the Migration Regulations 1994 ensure that:

·risks to public health in the Australian community are minimised;

·public expenditure on health and community services is contained; and,

·Australian residents have access to health and other community services.

Protection of public health must be our highest priority, and to ensure this we must be ever vigilant that our health screening procedures are rigorous and consistent.

INTRODUCTION

The purpose of this direction is to ensure that applicants applying for a visa for further stay in Australia are requested to undergo medical examinations as soon as possible after a visa application is made, or prior to application where appropriate.

Early health assessment has two significant benefits:

·reducing the likelihood of people with communicable diseases presenting a public health risk in the Australian community; and

·enabling individual applicants who may be unaware of their medical condition to receive appropriate and timely treatment.

The medical examination includes x-rays for those over 11 years old (but with some concession for pregnant women), and other examinations and tests as appropriate for the further visa sought.

The request that applicants for further stay undergo a medical examination as early as possible will have no effect on the consideration of any claims contained in their application. Nor is it an indication that any assessment has been made of their application.

THEREFORE

I, Amanda Vanstone, the Minister for Immigration and Multicultural and Indigenous Affairs, hereby give the following Direction under section 499 of the Migration Act to any person or body having functions or powers under the Act.

1      In this Direction

-        "The Act" means the Migration Act, 1958,

-        "The Regulations" mean regulations made under the Act,

2      The Direction may be cited as Direction No 34 of 2004.

3 Section 60 of the Migration Act provides that the Minister has a discretionary power to require a visa applicant to attend a medical examination. This direction instructs staff to request all temporary visa holders in Australia applying for a further stay, whether intending temporary or permanent stay, to undergo medical examinations as required to assess the applicant against the health criteria for the further visa, as soon as possible after lodgement of the application. Applicants are to be advised that they should undergo the required medical examinations within 28 days of the date of request, or as soon as possible.

4Details of examinations required by applicants for different visas are    

outlined in the Procedures Advice Manual (Health PAM, Schedule 4005-4007) and the Protection Visa Procedures Manual.

5      There are two exceptions to the policy outlined in paragraph 3 above:

(i)     Persons who already hold a Temporary Protection Visa and are applying for a further Protection Visa. These persons are not required to undertake further medical examinations if, prior to the grant of their current Temporary Protection Visas, they undertook all medical examinations required for the new visa, and no ongoing health concerns were identified; and

(ii)    Applicants who show that they have already undertaken medical examinations overseas, prior to grant of their existing visa, provided that:

·the results of these medical examinations are sufficient evidence of the applicant satisfying the relevant health criteria for the purposes of the visa application now being considered; and

·the assessing officer is satisfied that the results will still be valid at the time of decision on the current visa application being considered (ie not more than 12 months old at that time).

Therefore, applicants should be requested to undertake fresh medical examinations if:

—       the medical examination requirements for the visa now being sought:

-      are different from those undertaken for the previous visa; and/ or

-      were not undertaken prior to the previous visa being granted; and/or

-      ongoing health concerns had been identified prior to the previous visa being granted; and/or

—       the medical examinations undertaken overseas are likely to be more than 12 months old before a decision is reached on the new visa application. In these circumstances the applicant should be requested to undertake fresh medical examinations at an appropriate time, or within seven days of the previous medical examination results expiring, whichever is the sooner.

Dated this 25th day of March 2004

Amanda Vanstone

Minister for Immigration and Multicultural and Indigenous Affairs