What are the main differences between PIC 4005 and PIC 4007?

 

Main Differences Between PIC 4005 and PIC 4007

Public Interest Criteria (PIC) 4005 and PIC 4007 are integral components of the Australian migration regulations that govern the health requirements for visa applicants. While both criteria aim to protect public health and manage healthcare costs, they differ significantly in their application and commissions.

Overview of PIC 4005

• Strict Health Requirement : PIC 4005 mandates that certain visa applicants must be free from any disease or condition that could result in significant healthcare costs or prejudiced access to healthcare services for Australian citizens and residents.
• Application Scope : This criterion applies primarily to specific visa subclasses, particularly permanent and some temporary visas. Applicants must demonstrate that they do not pose a health risk to the community.
• Assessment Process : The assessment involves a Medical Officer of the Commonwealth (MOC) evaluating whether an applicant's condition could lead to substantial costs, typically set at a threshold of AUD $51,000 over a specified period.

Overview of PIC 4007

• Health Waiver Provision : Unlike PIC 4005, PIC 4007 allows for a discretionary waiver of health requirements. If an applicant does not meet the health criteria, the Department of Home Affairs can still grant the visa if it is determined that doing so would not result in undue costs or prejudice to healthcare access.
• Broader Application : PIC 4007 applies to other visa categories not covered under PIC 4005, making it relevant for a wider range of applicants.
• Consideration Factors : When assessing whether to grant a waiver under PIC 4007, decision-makers consider various factors, such as the potential cost to the community, the applicant's ability to participate economically or educationally in Australia, and the demand for services required for treatment.

Key Differences Summarized

feature	PIC 4005	PIC 4007
Health Requirement Type	Strict requirement; must be free from certain conditions	Allows for discretionary waivers
Application Scope	Specific visa subclasses (mainly permanent)	Broader; applies to more visa categories
Assessment Process	Mandatory health checks; significant cost threshold applies	Waiver consideration based on individual circumstances
Decision Factors	Focused on public health risks and costs	Considers community impact, economic participation, service demand

These distinctions highlight how PIC 4005 sets a more stringent standard for applicants while PIC 4007 provides flexibility through waivers, accommodating individual circumstances that may not fit within the strictures of the former.

[1] https://www.heenanbrownemigration.com/new-visa-rules-for-minors-recently-introduced-changes-to-public-interest-criteria-4005-and-4007/

[2] https://themigration.com.au/blog/migration-amendments-changes-in-public-interest-criteria-4005-4007/

[3] https://www.ahclawyers.com/news-articles/2019/9/13/new-health-requirement-pic-4005-and-pic-4007

[4] https://migrationaffairs.com.au/the-health-criteria-for-australian-visas/

[5] https://myvisa.com.au/blog/immigration-guides/pic-4007-a-guide-to-satisfy-public-interest-criteria-4007-for-health-waiver-problems/