Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 commenced from 16 October 2024
The Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 introduces significant changes to the migration health requirements under the Migration Act 1958. This amendment specifically benefits minor visa applicants born and ordinarily resident in Australia with a health condition or disability by exempting them from certain health-related criteria that would previously have made them ineligible for a visa due to the potential cost of healthcare or community services to the Australian community.
The goal of this reform is to create a fairer, more inclusive migration system for children born in Australia with disabilities or health conditions, ensuring they and their families have equitable access to the visa process and the possibility of permanent residency.
The Amendment Regulations form part of the Australian Government’s response to the final report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with a Disability (Disability Royal Commission Report). The Disability Royal Commission Report was published in September 2023 and recommended the Australian Government to review the existing migration practice and to eliminate or minimise disadvantages against people with disability seeking to settle in Australia.
The Amendment Regulations implement the Australian Government’s commitment made in the final response to the Royal Commission’s report by ultimately allowing a minor visa applicant born and who ordinarily resides in Australia with a health condition and/or a disability to no longer be disadvantaged as part of their visa grant process solely due to that health condition or disability and ensure fair and equal opportunity for settlement in Australia.
Disclaimer
This article offers general guidance and does not address the specific circumstances of any individual or organization. While we aim to keep the content accurate and current, we cannot guarantee its completeness, accuracy, or continued validity at the time of access or in the future. For tailored advice, please reach out to Ghothane Lawyers.
