Immigration and HIV/AIDS

The Australian immigration system has very strict health requirements for all people applying for permanent residence, designed to minimise costs to Australia’s health care and welfare system. People are regularly excluded from migrating to Australia on a wide variety of health grounds.

People who wish to apply for permanent, or in some cases temporary, entry to Australia are subject to mandatory health testing. Part of this testing includes a test for HIV. Generally, if an applicant tests positive, they will fail the health requirements. People applying for visas on the grounds of spousal or de facto spousal relationships, interdependency partnerships, fiancé relationships or dependent or adopted children, may be able to have the health requirement waived.

The advice given to a person with HIV who is applying for a visa will vary greatly depending on the type of visa that is being applied for, and the health test that is applied to that visa. HALC has Registered Migration Agents and can answer migration questions. HALC also represents clients who are seeking a ‘health waiver’ at the Migration Review Tribunal (MRT). This area of immigration is extremely complex, and any immigration enquiries should be directed to a Registered Migration Agent.

The Migration Agents Registration Authority (MARA) is responsible for monitoring the registration and conduct of migration agants in Australia.

Click here to download the immigration fact sheet>>