Does HIV/AIDs Stop You From Entering Australia?
Australia has a duty to protect its citizens from the introduction of dangerous or infectious diseases from visitors or migrants to our country.
Visa applicants are required to complete a HIV blood test, along with other medical examinations, if they are:
- over 15 years of age;
- applying for a permanent residency visa; and/or
- intending to work (or study to become) a doctor, nurse, dentist, or paramedic in Australia.
Applicants may also be required to undergo a HIV test if:
- under the age of 15 years old;
- they have a history of blood transfusions; and
- there is a clinical indication that the applicant may be HIV-positive (or the biological mother was HIV positive).
The Australian Government generally do not consider HIV or hepatitis to be a threat to public health unless the applicant:
- plans to work as a doctor, dentist, nurse, or paramedic in Australia;
- has a certain level of viral load; and
- intend to undertake procedures where there is a risk of contact between the visa applicant’s blood and the patient’s open tissue.
Transparency
It is extremely important to be transparent with the Department of Home Affairs (‘Department’).
If a visa applicant is HIV-positive, has hepatitis or a family member is HIV-positive/has hepatitis, the Medical Officer of the Commonwealth (MOC) will determine whether the applicant is likely to be a significant cost to the Government in health care services.
Being HIV positive does not automatically mean that the applicant will be denied.
Most people fail the health requirement due to the expensive costs associated with antiretroviral therapy.
The Australian Government has the discretion to ‘waive’ the health requirement on certain visas.
It can be waived based on compassion grounds determined on a case-by-case basis.
Contact Us
For professional consultation on how HIV/AIDS affects your ability to enter Australia, contact Bambrick Legal today:
- Schedule a professional consultation with our specialists here
- Call us on 08 8362 5269
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Please note: Our migration and citizenship consultations are provided on a fee basis.
Related Blog – Health Requirements & Your Visa