EXPLANATORY STATEMENT
Migration Regulations 1994
DESIGNATED COUNTRIES TO WHICH CONDITION 8205 DOES NOT APPLY
(PARAGRAPH 8205(a))
- This Instrument is made under paragraph 8205(a) of Schedule 8 to the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 8205(a) of Schedule 8 of the Regulations provides that visa holders who are 11 years of age or older, who have Condition 8205 attached to their visas, must undergo and pass a chest x-ray examination carried out by a medical practitioner who is qualified as a radiologist if:
1) they are from a country that is designated by this Instrument as a country in relation to which this condition does not apply; and
2) they intend to study in a class-room environment for a period of greater than 4 weeks.
3. The purpose of the Instrument is to specify designated countries for the purposes of paragraph 8205(a).
4. This Instrument amends the current instrument by expanding the list of already gazetted countries to include all known countries. This will remove the need for visa holders to comply with this condition.
5. It is intended to render this condition ineffective and eventually remove it from the Regulations in order to ensure that x-ray requirements for visitors to Australia are consistent.
6. A revised Health Matrix (Form 1163i Health requirement for temporary entry to Australia) will be released on 28 March 2009. This matrix determines what health assessments visa applicants must undertake depending on their country risk of origin, intended length of stay and intended activities in Australia in order to demonstrate that they meet the health requirement for grant of a visa. It classifies countries into risk levels according to their tuberculosis (TB) incidence rates.
7. The revised health matrix has re-assigned the country risk levels according to the latest TB incidence rates from the World Health Organization (WHO). It also no longer requires applicants to undertake chest x-rays if they intend to study onshore for up to 3 months.
8. Additional health assessments will now only be required where more than 3 months study is intended. Hence, condition 8205 is inconsistent with these new arrangements and will no longer be required. This is because condition 8205 is a mandatory condition on all visitor visas, and visitor visa holders can only study for a maximum of 3 months.
9. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor nature and does not substantially alter existing arrangements.
10. The Instrument IMMI 09/017 commences on 28 March 2009.