Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022

Administered by Department of Home Affairs

Legislation au F2022L00594 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Migration Regulations 1994

Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022

1                The instrument, Departmental reference LIN 22/007, is made under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994 (the Regulations). 

2                The instrument repeals Visa Subclasses for the Purposes of the Health Requirement 2016/067 (F2016L01126) (IMMI 16/067) 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.  This means that subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Regulations also include a power to amend or repeal an instrument made under that provision.

3                The instrument commences on the day after registration on the Federal Register of Legislation, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act). 

Purpose

4                The instrument operates to specify temporary visa subclasses which may lead to permanent visas for subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Regulations. 

5                Public interest criteria (PIC) 4005 and 4007, set out in Schedule 4 to the Regulations, apply to visa subclasses where it is specified as a criterion for the grant of a visa in Schedule 2 of the Regulations for that subclass.  PICs 4005 and 4007 provide that visa applicants must be free from a disease or condition in relation to which a person who has it would be likely to require health care or community services or meet the medical criteria for the provision of a community service, and the provision of which would be likely to result in a significant cost to the Australian community in the areas of, or prejudice the access of an Australian citizen or permanent resident to, health care or community services.  If an application is for a temporary visa of a subclass specified for subparagraph 4005(2)(b)(ii) or 4007(1A)(b)(ii) of Schedule 4 to the Regulations, then the applicant’s health and associated costs will be assessed for the same period for which a permanent visa is assessed, that is, a period commencing when the application is made. 

6                The purpose of the instrument is to update the specified temporary visa subclasses by adding two new subclasses, namely Skilled Work Regional (Provisional) (subclass 491) and Subclass 494 Skilled Employer Sponsored Regional (Provisional) (subclass 494).  

7                The instrument does not specify certain temporary visa subclasses which were previously specified in IMMI 16/067, as those visa subclasses have been repealed and closed to new applications before the commencement of the instrument.

Continued effect of IMMI 16/067

8                Whilst IMMI 16/067 was also made under subparagraph 4006A(1A)(b)(ii) of Schedule 4 to the Regulations, clause 4006A was repealed on 18 March 2018 by the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018.  As such, the instrument removes reference to subparagraph 4006A(1A)(b)(ii) of Schedule 4 to the Regulations.

9                Subclause 6702(2) in Part 67 of Schedule 13 to the Regulations provides that clause 4006A of Schedule 4 to the Regulations and any instruments made under that clause continues to apply as in force immediately before 18 March 2018 in relation to an application for a visa made before that date.  The effect of this is that IMMI 16/067, as in force immediately before 18 March 2018, continues to apply in relation to clause 4006A of Schedule 4 to the Regulations and relevant visa applications made before 18 March 2018.

10            If an application is for a temporary visa of a subclass specified for subparagraph 4006A(1A)(b)(ii) of Schedule 4 to the Regulations, then the applicant’s health and associated costs will be assessed for the period commencing when the visa application is made. 

Consultation

11            The Office of Best Practice Regulation (OBPR) was consulted and considered that the instrument dealt with matters of a minor nature and no regulatory impact statement was required.  The OBPR reference number is 2101163.

12            No further external consultation was undertaken for the instrument as the amendments do not substantially alter existing arrangements.  This accords with subsection 17(1) of the Legislation Act.

Details of the instrument

13            Paragraph (a) specifies temporary visa subclasses for subparagraph 4005(2)(b)(ii) and subparagraph 4007(1A)(b)(ii) of Schedule 4 to the Regulations.  

14            Paragraph (b) provides that Visa Subclasses for the Purposes of the Health Requirement 2016/067 (F2016L01126) is repealed by the instrument.

15            The instrument commences on the day after registration on the Federal Register of Legislation.

Parliamentary scrutiny etc. 

16            The instrument is exempt from disallowance under section 42 of the Legislation Act.  This is because it is an instrument made under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of 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.

17            The instrument is made by a delegate of the Minister, in accordance with subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Regulations.

Overview

The Migration Regulations 1994 (Cth) were enacted to manage and regulate the entry and stay of non-citizens in Australia, ensuring compliance with Australia's migration laws. The instrument, titled "Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022", was introduced to address the need for updating the specified temporary visa subclasses for health requirements, in line with the Public Interest Criteria (PIC) 4005 and 4007 under Schedule 4 to the Regulations. This instrument was made under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Regulations by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, and it repeals the previous Visa Subclasses for the Purposes of the Health Requirement 2016/067 (F2016L01126) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The objective of this instrument is to add two new subclasses, Skilled Work Regional (Provisional) (subclass 491) and Subclass 494 Skilled Employer Sponsored Regional (Provisional) (subclass 494), to the specified temporary visa subclasses.

Scope and Application

The instrument F2022L00594, specifically titled "Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022", is made under the authority of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and operates to amend the Migration Regulations 1994. This instrument specifies the temporary visa subclasses that may lead to permanent visas for subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Regulations, which pertain to public interest criteria concerning health care and associated costs. The instrument adds two new subclasses, Skilled Work Regional (Provisional) (subclass 491) and Subclass 494 Skilled Employer Sponsored Regional (Provisional) (subclass 494), and repeals the previous specifications outlined in Visa Subclasses for the Purposes of the Health Requirement 2016/067. This instrument applies to visa applicants seeking temporary visas under the specified subclasses and ensures that their health and related costs are assessed for the period starting from when the application is made. The instrument is a legislative instrument under the Legislation Act 2003 and is exempt from disallowance as it is made under specified subparagraphs of the Regulations.

Key Provisions

The Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) outlines specific provisions regarding temporary visa subclasses that require health assessments for applicants. Under sections 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994, this instrument specifies the temporary visa subclasses for which health requirements apply. It replaces the previous Visa Subclasses for the Purposes of the Health Requirement 2016/067 (F2016L01126) and introduces two new subclasses: Skilled Work Regional (Provisional) (subclass 491) and Subclass 494 Skilled Employer Sponsored Regional (Provisional) (subclass 494). These health assessments are required for the same duration as the assessment for a permanent visa, which begins when the application is made. The Act imposes specific obligations on visa applicants under the new subclasses. Applicants for the Skilled Work Regional (Provisional) (subclass 491) and Subclass 494 Skilled Employer Sponsored Regional (Provisional) (subclass 494) must ensure they meet the health criteria as outlined in the Public Interest Criteria (PIC) 4005 and 4007. These criteria require that applicants must be free from diseases or conditions that would likely result in significant costs to the Australian community in terms of health care or community services, or that would prejudice the access of Australian citizens or permanent residents to these services. Failure to comply with these health requirements could result in the denial of the visa application. There are no specific offences or penalties mentioned in the text for non-compliance with the health assessment requirements. However, the failure to meet the health criteria specified in PIC 4005 and 4007 can lead to the refusal of a visa application. Additionally, any misrepresentation or provision of false information during the application process can result in penalties under the Migration Act 1958, which may include fines or imprisonment. The consequences of such breaches are severe and can affect the applicant's eligibility for future visa applications.

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Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Commencement Provisions
Repeal & Amendment
Licensing & Registration

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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.