Which visa categories are covered by Australia PIC 4005?

 Public Interest Criterion (PIC) 4005 applies to a wide range of visa categories, primarily focusing on ensuring that applicants do not pose a significant health risk or incur substantial healthcare costs to the Australian community. Here are the main visa categories covered by PIC 4005:

Visa Categories Covered by PIC 4005

1. Permanent Visas :
   • Subclass 186 : Employer Nomination Scheme (Direct Entry stream)
   • Subclass 189 : Skilled Independent (Points-Tested)
   • Subclass 190 : Skilled Nominated
   • Subclass 491 : Skilled Work Regional (Provisional)
2. Temporary Visas :
   • Most temporary visas, although some specific subclasses may be exempt or have different criteria.
3. Family and Partner Visas :
   • Various family reunion and partner visas typically require compliance with PIC 4005.
4. Other Specific Categories :
   • Certain humanitarian and refugee visas may also fall under this criterion depending on the circumstances.

Key Points

• No Waiver Available : Unlike PIC 4007, there is no provision for a health waiver under PIC 4005. If an applicant does not meet the health requirements, their visa application will be refused.
• Assessment Criteria : Applicants must be free from diseases or conditions that could lead to significant healthcare costs or prejudiced access to healthcare for Australian citizens and residents.

Overall, PIC 4005 serves as a stringent health requirement for most visa applicants, ensuring that those who may impose undue costs on the healthcare system are carefully assessed before being granted residency in Australia.

If an applicant fails to meet the health requirement under Public Interest Criterion (PIC) 4005, the consequences are quite severe and straightforward:

Consequences of Failing PIC 4005 Health Requirement

1. Visa Refusal : The primary consequence is that the visa application must be refused. There is no provision for a health waiver under PIC 4005, meaning that if an applicant does not meet the health requirements, their visa cannot be granted regardless of any other circumstances or factors involved in their case
   1
   2
   .
2. No Consideration of Individual Circumstances : When a visa application is refused due to failing PIC 4005, decision-makers are not permitted to consider compassionate or compelling circumstances. This includes factors such as:
   • The length of time the applicant has lived in Australia.
   • The applicant's personal situation in their home country.
   • The nature and severity of the medical condition.
   • The potential economic, cultural, or social contributions of the applicant to Australia
     1
     3
     .
3. Impact on Family Members : If a family member included in the visa application fails to meet the health requirement, this can lead to a refusal for all applicants on that visa. This "one fails, all fail" principle means that the health status of any member can jeopardize the entire application
   2
   4
   .
4. Need for Alternative Visa Options : Applicants who fail under PIC 4005 may need to explore other visa options that either do not apply PIC 4005 or allow for a health waiver under PIC 4007. However, this often requires starting a new application process
   3
   4
   .
5. Potential for Ministerial Intervention : In some cases, applicants may seek Ministerial intervention after a refusal; however, this is typically a complex and uncertain process with no guarantee of success
   1
   .

In summary, failing the health requirement under PIC 4005 leads directly to visa refusal without room for appeal based on individual circumstances, making it crucial for applicants to understand these implications before applying.

If an applicant fails the health requirement under Public Interest Criterion (PIC) 4005, there are limited alternatives available due to the stringent nature of this criterion. Here are the potential options:

Alternatives Available if PIC 4005 fails

1. Explore Other Visa Options :
   • Applicants can look for alternative visa categories that do not impose the same health requirements as PIC 4005. Some visas may be subject to PIC 4007, which allows for health waivers under certain conditions.
2. Ministerial Intervention :
   • In some cases, applicants may seek ministerial intervention after a visa refusal. This process is complex and not guaranteed, but it can provide a pathway for reconsideration based on unique circumstances or compassionate grounds.
3. Reapply with Different Circumstances :
   • If the applicant's health condition changes or improves, they may consider reapplying for a visa in the future. A new medical assessment could potentially yield a different outcome.
4. Seek Health Waiver under PIC 4007 :
   • If the applicant is eligible for a visa that falls under PIC 4007, they may apply for a health waiver. However, this is only applicable if they meet the other criteria for that visa type and if their application is assessed under PIC 4007 instead of PIC 4005.
5. Legal advice and representation :
   • Consulting with migration agents or legal professionals can provide tailored advice on how to navigate the complexities of the immigration process after failing to meet PIC 4005 requirements.

Key Considerations

• No Waiver for PIC 4005 : It is crucial to understand that there is no possibility of a health waiver under PIC 4005 itself; if an applicant fails this criterion, their visa application will be refused without consideration of individual circumstances.
• Impact on Family Applications : If one member of a family unit fails to meet the health requirement under PIC 4005, it can lead to the refusal of the entire application due to the "one fails, all fail" principle.

In summary, while options are limited for those who fail to meet the health requirements of PIC 4005, exploring alternative visas, seeking ministerial intervention, or obtaining legal guidance can provide potential pathways forward.