What Are My Options After a Partner Visa Refusal on Health Grounds?

Why are partner visas refused on health grounds?

Partner visas are refused on health grounds when the Medical Officer of the Commonwealth finds that the applicant, or a family member, does not meet the health requirement, and the decision maker decides not to waive it. The finding usually concerns the likely cost of health care or community services, or prejudice to Australians' access to services in short supply. Our article on the partner visa health refusal explains how these decisions are made.

Can a health refusal be reviewed by the Tribunal?

A partner visa health refusal can generally be reviewed by the Administrative Review Tribunal. The Tribunal is bound by the Medical Officer of the Commonwealth's opinion on whether the health requirement is met, so the review usually focuses on whether the requirement should be waived. The Tribunal can consider new evidence relevant to the waiver. Our article on appeal options after a refusal explains the review steps.

What evidence supports a health waiver on review?

Evidence that supports a health waiver includes specialist medical reports about prognosis and treatment, evidence of who will pay for treatment or care, private health insurance where relevant, the applicant's and sponsor's work and income, family support available in Australia, and the effect of refusal on the couple and any Australian children. Our article on health waiver evidence explains which documents carry weight, and our article on the partner visa health waiver explains how the waiver is assessed.

Can the Medical Officer's opinion be challenged?

The Medical Officer of the Commonwealth's opinion is binding on the decision maker as to whether the health requirement is met, but its factual basis can be checked. Where the opinion relied on wrong or outdated medical information, updated reports can be provided and a further opinion requested in some circumstances. The focus is on accuracy, not on asking the decision maker to disagree with the opinion. Our article on the partner visa medical examination explains how health assessments are carried out.

What if the health issue belongs to a child or another family member?

A health issue affecting a child or another family member can lead to refusal of the whole application, because family members must also meet the health requirement. The waiver assessment then considers that family member's condition and care. Our article on a partner visa for a child with a disability explains the specific issues that arise. In these cases the waiver evidence usually needs to cover the child's care plan, the services the child is likely to use, how the family will support the child and the best interests of the child.

How does My Migration Lawyers approach a partner visa refused on health grounds?

My Migration Lawyers approaches a partner visa refused on health grounds by obtaining the Medical Officer's assessment, checking it against the latest medical evidence and building a waiver case around the factors the decision maker must weigh. The firm works with the couple to gather reports and financial evidence and presents the waiver submission at the Tribunal or in a new application. Couples can read more about the firm's work on partner visa refusals and speak with our partner visa lawyers.