Migration (Specification of Required Medical Assessment) Instrument 2025

Administered by Department of Home Affairs

Legislation au F2025L01437 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Minister for Immigration and Citizenship

Migration Regulations 1994

Migration (Specification of Required Medical Assessment) Instrument 2025

The instrument, departmental reference LIN 25/049, is made under paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Migration Regulations 1994 (the Regulations).

The instrument repeals the Migration Regulations 1994 - Specification of Required Medical Assessment – IMMI 15/144 in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions as the power to make the instrument. 

The instrument commences on 29 November 2025. It is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).

Purpose

Migration (Specification of Required Medical Assessment) Instrument 2025 (LIN 25/049)

This instrument is made under paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations. These provisions provide that unless a Medical Officer of the Commonwealth decides otherwise, if an applicant is in a class of persons specified by the Minister in an instrument in writing, they must undertake any medical assessment specified in the instrument and must be assessed by the person specified in the instrument.

The purpose of the instrument is to specify the mandatory immigration medical assessment health requirements that certain visa applicants must undertake in order to satisfy Public Interest Criteria (PIC) 4005 and 4007 by reference to their country or jurisdiction of citizenship or residence and their intended period of stay and intended activities, and who they must be assessed by.

Consultation

The instrument provides for health assessment requirements consistent with the medical assessment process that certain visa applicants are required to undertake for the purposes of public interest criterion 4005 or 4007. The Department anticipates minimal impact on visa applicants. Consistent with standard practice, the Department’s website has been updated to reflect the changes in this instrument for visa applicants.

External consultation was not considered necessary as the amendments reflect the tuberculosis data from World Health Organisation that the Department adopts for visa purposes. This information is available publicly and the matters provided for in the instrument are therefore considered largely machinery in nature.

Parliamentary scrutiny etc.

The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because it is an instrument made under Schedule 4 to the Regulations which is exempt from disallowance under paragraph (b) of item 20 in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.

The instrument is made by the Chief Medical Officer of the Department, a delegate of the Minister, in accordance with paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations.

Details of the instrument

Section 1 Name

This section provides that the name of the instrument is the Migration (Specification of Required Medical Assessment) Instrument 2025.

Section 2 Commencement

This section provides that the instrument commences on 29 November 2025.

Section 3 Authority

This section provides that the instrument is made under paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Migration Regulations 1994 (the Regulations).

Section 4 Definitions

This section provides for the definitions in this instrument.

  • high hepatitis B risk jurisdiction means a country or jurisdiction not mentioned in Schedule 5 to this instrument.
  • panel physician means a doctor or radiologist who:
  • is outside Australia; and
  • provides medical assessment services for visa applicants for purposes under the Migration Act 1958 and the Regulations; and
  • provides those services on the basis that the doctor or radiologist either:
  • has entered into and continues to be a party to an arrangement with the Department to provide the services as part of the Australian Panel Physician Network; or
  • is employed or otherwise engaged to provide the services by a clinic, organisation or other entity (however described) that has entered into and continues to be a party to an arrangement with the Department to provide the services as part of the Australian Panel Physician Network.
  • provisional visa means a temporary visa of a subclass mentioned in Schedule 4 to this instrument.
  • Regulations means the Migration Regulations 1994.

Section 5 Schedules

Section 5 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in each Schedule of this instrument and any other item in a Schedule to this instrument has effect according to its terms.

Section 6 Specified classes of person required to undertake medical assessment

Section 6 provides for the specification of persons required to undertake a medical assessment.

This section of the instrument provides that for the purposes of paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations, the following classes of person are specified:

  • a person who:
  • is a citizen of a country or jurisdiction; or
  • has spent 3 or more consecutive months during the last 5 years in one or more countries or jurisdictions;
  • where the country or jurisdiction is listed in Column 1 of the table in Schedule 1 to the instrument;
  • a person who:
  • is a citizen of a country or jurisdiction; or
  • has spent 3 or more consecutive months during the last 5 years in one or more countries or jurisdictions;

where the country or jurisdiction is not listed in Column 1 of the table in Schedule 1 to the instrument;

  • a person who is covered by paragraphs 6(a) and (b).

 

Paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations provide that unless a Medical Officer of the Commonwealth decides otherwise, if an applicant is in a class of persons specified by the

Minister in an instrument in writing, they must undertake any medical assessment specified in the instrument and must be assessed by the person specified in the instrument.

 

The effect of section 6 of the instrument is that for the purposes of paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4, a person is specified to be in a class of persons where:

  • that person is a citizen of a country or jurisdiction or that person has spent 3 or more consecutive months during the last 5 years in one or more countries or jurisdictions where the country or jurisdiction is listed in Column 1 of the table in Schedule 1 to the instrument (paragraph 6(a));
  • that person is a citizen of a country or jurisdiction or that person has spent 3 or more consecutive months during the last 5 years in one or more countries or jurisdictions where the country or jurisdiction is not listed in Column 1 of the table in Schedule 1 to the instrument (paragraph 6(b));
  • a person who is both in the class of person covered by paragraph 6(a) and 6(b) of the instrument (paragraph 6(c)).

 

Section 7 Specified medical assessments

Section 7 provides for the specified medical assessments.

This section of the instruments provides that for subparagraph 4005(1)(aa)(i) and 4007(1)(aa)(i) of Schedule 4 to the Regulations, the following medical assessments are specified:

  • for a person in a class of person specified in paragraph 6(a)—the medical assessments specified in Columns 2, 3, 4 and 5 of the table in Schedule 1 to the instrument;
  • for a person in a class of person specified in paragraph 6(b)—the medical assessments specified in:
  • Columns 2, 3 and 4 of the table in Schedule 2 to the instrument; and
  • Schedule 3 to the instrument;
  • for a person specified in paragraph 6(c)—the medical assessments specified in:
  • Columns 2, 3 and 4 of the table in Schedule 2 to the instrument; and
  • Schedule 3 to the instrument.

 

Subparagraphs 4005(1)(aa)(i) and 4007(1)(aa)(i) of Schedule 4 to the Regulations provides that if the applicant is in a class of persons specified by the Minister in an instrument in writing for subparagraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 that applicant must undertake any medical assessment specified in that instrument.

The effect of section 7 of the instrument is that for the purposes of subparagraphs 4005(1)(aa)(i) and 4007(1)(aa)(i) of Schedule 4 a person, who is specified to be in one of the class of person specified in paragraph 6(a), 6(b) or 6(c) of the instrument, that applicant must undertake the following specified medical assessments:

  • a person who is in a class of person specified in paragraph 6(a) of the instrument, must undertake the medical assessments specified in Columns 2 to 5 of the table in Schedule 1 to the instrument
  • a person who is in the class of person specified in paragraph 6(b) of the instrument, must undertake the medical assessments specified in Columns 2 to 4 of the table in Schedule 2 to the instrument and Schedule 3 (paragraph 7(b));
  • a person specified in paragraph 6(c) of the instrument, must undertake the medical assessments specified in Columns 2 to 4 of the table in Schedule 2 to the instrument and Schedule 3 (paragraph 7(c)).

 

Section 8 Specified persons to conduct medical assessments

Section 8 provides for the specified persons to conduct medical assessments.

This section provides that for subparagraphs 4005(1)(aa)(ii) and 4007(1)(aa)(ii) of Schedule 4 to the Regulations:

  • for a medical assessment conducted in Australia—Bupa Australia Health Pty Ltd (trading as Bupa Medical Visa Services) is specified;
  • for a medical assessment conducted outside Australia for visa purposes—panel physicians are specified.

 

The note under paragraph 8(b) of the instrument provides that paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations both relevantly provide that if an applicant is in a class of persons specified by the Minister in a written instrument for that paragraph, they must be assessed by the person specified in the instrument unless a Medical Officer of the Commonwealth decides otherwise.

The effect of section 8 of the instrument is that the medical assessment specified in section 7 of the instrument must be conducted by one of the following specified persons:

  • for medical assessments conducted within Australia; Bupa Australia Health Pty Ltd (trading as Bupa Medical Visa Services) (paragraph 8(a));
  • for medical assessments conducted outside Australia for visa purposes; panel physicians (paragraph 8(b)).

 

Schedule 1 Medical assessments required for specified class of persons

The table in Schedule 1 to the instrument provides for the relevant specified classes of persons for the purposes section 6 and/ or for the relevant specified medical assessments for the purposes of section 7 of the instrument.

Schedule 2 Medical assessments required for persons not covered by Schedule 1

The table in Schedule 2 to the instrument provides for the relevant specified medical assessments for the purposes of section 7 the instrument, for the relevant class of person specified in section 6.

Schedule 3 Additional medical assessments for paragraphs 4005(1)(aa) and 4007(1)(aa)

The table in Schedule 3 to the instrument provides for the relevant additional medical assessments for the purposes of the relevant provisions of section 7 of the instrument.

Section 8 of the instrument provides for the specified persons who can conduct the relevant specified medical assessments as detailed in Schedules 1 to 3 to the instrument.

Schedule 4 List of provisional visas

The table in Schedule 4 to the instrument provides for the relevant temporary visa for the purposes of the definition of provisional visa in section 4 of the instrument.

Schedule 5 Low hepatitis B risk countries and jurisdictions

The table in Schedule 5 to the instrument provides for the relevant country or jurisdiction not mentioned for the purposes of the definition are high hepatitis B risk jurisdiction in section 4 to the instrument.

Schedule 6 Repeals

Item 1 of Schedule 6 to the instrument repeals the Migration Regulations 1994 - Specification of Required Medical Assessment - IMMI 15/144 in its entirety.

 

Overview

The Migration (Specification of Required Medical Assessment) Instrument 2025 (LIN 25/049) was introduced to address gaps in the mandatory health assessment requirements for certain visa applicants. This instrument, made under paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Migration Regulations 1994, is designed to ensure that applicants meet Public Interest Criteria 4005 and 4007 by specifying the medical assessments they must undergo based on their country or jurisdiction of citizenship or residence, their intended period of stay and activities, and who must conduct the assessments. Enacted by the Chief Medical Officer of the Department, a delegate of the Minister, the instrument aims to align with the tuberculosis data from the World Health Organisation, reflecting a machinery-of-government nature and thus exempt from disallowance under section 42 of the Legislation Act. The instrument does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015. The instrument is set to commence on 29 November 2025, updating and repealing the previous instrument, IMMI 15/144, to streamline the medical assessment process for visa applicants.

Scope and Application

The Migration (Specification of Required Medical Assessment) Instrument 2025, which is a legislative instrument made under paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Migration Regulations 1994, specifies the mandatory immigration medical assessment health requirements that certain visa applicants must undertake. This instrument applies to visa applicants who are citizens of, or have spent three or more consecutive months in the last five years in, specified countries or jurisdictions. Specifically, it mandates medical assessments for those who fall into particular classes of persons based on their country or jurisdiction of citizenship or residence and their intended period of stay and activities in Australia. The instrument also designates specific medical assessments that must be undertaken by these applicants and outlines the authorised medical practitioners who can conduct these assessments. For medical assessments conducted within Australia, Bupa Australia Health Pty Ltd (trading as Bupa Medical Visa Services) is specified, while for those conducted outside Australia, the authorised practitioners are panel physicians. The instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. It repeals the previous Migration Regulations 1994 - Specification of Required Medical Assessment – IMMI 15/144, aligning with the tuberculosis data from the World Health Organisation adopted by the Department for visa purposes.

Key Provisions

The Migration (Specification of Required Medical Assessment) Instrument 2025 outlines the medical assessment requirements for certain visa applicants to satisfy specific public interest criteria. Section 6 specifies the classes of persons required to undergo medical assessments, which include individuals who are citizens of or have spent three or more consecutive months in the last five years in countries or jurisdictions listed in Schedule 1 of the instrument. Similarly, Section 7 details the medical assessments required for these individuals, which are outlined in Schedules 1, 2, and 3. The instrument specifies that assessments must be conducted by Bupa Australia Health Pty Ltd (trading as Bupa Medical Visa Services) for assessments within Australia and by panel physicians for assessments outside Australia, as detailed in Section 8. The Act imposes several obligations on the parties involved. Visa applicants in the specified classes must undertake the medical assessments as outlined in the instrument. They must ensure they are assessed by the specified entities: Bupa Australia Health Pty Ltd for assessments within Australia and panel physicians for assessments outside Australia. Failure to comply with these requirements may result in the refusal of a visa application. Additionally, the Department of Home Affairs, through its delegate the Chief Medical Officer, has an obligation to ensure that the specified medical assessments are conducted according to the criteria set out in the instrument. There are no specific offences or penalties mentioned in the instrument itself. However, non-compliance with the medical assessment requirements can lead to the refusal of a visa application under the Migration Regulations 1994. The consequences of such a refusal include the inability to obtain the visa and potential delays or complications in the visa application process. Although the instrument does not specify financial penalties, the broader Migration Act 1958 provides for various civil and criminal penalties for breaches of visa conditions and other related offences. These can include fines, imprisonment, or both, depending on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.