As a leading migration law firm in Australia, we understand the importance of providing complete and accurate information during the visa application process. Recently, the Department of Home Affairs has raised concerns regarding inconsistencies in health information provided by secondary applicants aged 23 years or older for Partner (Subclass 309/100) visa applications.

The Issue at Hand

The Department has observed instances where secondary visa applicants have completed their Immigration Medical Examination (IME) and received a 'Meets Health' outcome, indicating no significant health concerns. However, after being informed through the natural justice process that they may not satisfy the 'Member of Family Unit' visa requirements due to their age, these applicants have subsequently provided additional medical information indicating a significant medical condition that renders them incapacitated and reliant on others for support.

This new medical information appears to be inconsistent with the previous 'Meets Health' outcome, and there was no indication that it was disclosed to the panel doctor during the initial IME.

Defining Incapacity

According to Regulation 1.05A(b), the Department considers an individual to be incapacitated for work due to a 'total or partial loss of their bodily or mental functions'. One of the key aspects that panel doctors assess during the visa medical assessment is whether there are any physical or mental conditions that may prevent the person from attending a mainstream school, gaining full employment, or living independently, now or in the future.

The Department's Position

The Department has made it clear that any pre-existing medical condition that is likely to result in 'total or partial loss of bodily or mental functions' or is significant enough to prevent employment or independent living in the future, should be disclosed during the initial IME process.

Failure to disclose such information during the IME and providing it at a later stage, after receiving a health clearance, is a matter of concern for the Department. In such cases, the Department may request visa applicants to repeat the health examination process, requiring them to provide the additional medical information to a panel doctor during the repeat examination.

Potential Consequences

The Department is considering whether the failure to disclose relevant medical information during the initial IME could constitute the provision of 'information that is false or misleading in a material particular' to a Medical Officer of the Commonwealth. In such circumstances, the Department may take further action in relation to Public Interest Criterion 4020(1).

Our Advice

At One Planet Migration Law, we strongly advise our clients to disclose any pre-existing medical conditions or significant health issues during the initial IME process. Failure to do so may result in inconsistencies with subsequent medical information provided, leading to potential consequences, including the need for repeat health examinations or further action by the Department.

Our experienced migration lawyers are well-versed in the intricacies of the visa application process and can guide you through the requirements, ensuring that all relevant information is properly disclosed and addressed. By seeking professional advice, you can minimize the risk of complications or delays and increase your chances of a successful visa outcome.

Remember, providing complete and accurate information is not only a legal requirement but also a crucial step in ensuring a smooth and efficient visa application process.

Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Australian immigration law effectively and to achieve the most favorable outcomes for your immigration journey.