Patients with chronic hepatitis B (CHB) can be denied a permanent visa because they fail to meet the health requirements set by the Department of Home Affairs. The main reasons for failing the health assessment are related to the significant health services and/or community care costs, or prejudice to access of Australians to some health services, access to organ transplants. Depending on the type of visa the applicant has applied for, they can be provided a ‘natural justice’ opportunity that will allow the applicant to apply for a health waiver.
The provision of a ‘positive’ medical report in a migration case is very important, and can contribute to a favourable outcome for the patient. In addition, the range of other discretionary issues, such as cost mitigation or strongly compassionate and compelling other reasons can contribute to whether or not a health waiver will be granted. These issues should be made by the applicant and his/her migration advisors.
Policy changes in 2019 have improved the prospects for many chronic hepatitis B patients in not having permanent residence visa applications rejected because of these health requirements.