Amendments relating to Public Interest Criteria 4005, 4006A and 4007
Commencement: 1 July 2011
Client summary
From 1 July 2011, the Migration Regulations 1994 (the Regulations) are amended to:
- provide for the relevant stay period in Australia for the purpose of assessing whether a visa applicant satisfies the health requirement;
- ensuring that the ineligibility of certain temporary visa applicants for health care and community services is considered when assessing the potential costs of a disease or condition against the health requirement;
- require a visa applicant to undertake the relevant medical assessment, and to be assessed by the relevant person, as specified by the Minister in an instrument in writing unless a Medical Officer of the Commonwealth decides otherwise; and
- require a visa applicant to comply with any request by a Medical Officer of the Commonwealth to undertake a medical assessment.
Affected legislation
The following provisions of the Regulations are amended:
- Part 2, subregulation 2.25A(1), is amended
- Schedule 4, clause 4005, is amended
- Schedule 4, paragraphs 4005(aa) and (ab), are inserted
- Schedule 4, paragraph 4005(c), is amended
- Schedule 4, paragraph 4005(d), is amended
- Schedule 4, subclauses 4005(2) and (3), are inserted
- Schedule 4, paragraphs 4006A(1)(aa) and (ab), are inserted
- Schedule 4, paragraph 4006A(1)(c), is amended
- Schedule 4, paragraph 4006A(1)(d), is amended
- Schedule 4, subclauses 4006A(1A) and (1B), are inserted
- Schedule 4, paragraphs 4007(1)(aa) and (ab), are inserted
- Schedule 4, paragraph 4007(1)(c), is amended
- Schedule 4, paragraph 4007(1)(d), is amended
- Schedule 4, paragraphs 4007(1A) and (1B), are inserted
Additional information
Nil.
Transitional provisions
The amendments apply in relation to an application for a visa:
- made, but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958), before 1 July 2011; or
- made on or after 1 July 2011.
Forms
Nil.
Instructions
PAM3 will be amended to reflect these changes.