Migration Regulations 1994

Clauses 802.221 to 802.226 are not required to be satisfied if the application for a visa is supported by a letter of support from a State or Territory government welfare authority.

If the application for a visa is supported by a letter of support from a State or Territory government welfare authority:

the applicant satisfies:

the criteria in subclauses (3), (4), (5) and (6); and

public interest criteria 4001, 4002, 4003, 4018, 4020 and 4021; and

the Minister is satisfied that:

the grant of visa is in the public interest; and

the State or Territory government welfare authority supports the applicant’s application for permanent residency in Australia.

The applicant has undergone a medical examination carried out by any of the following (a relevant medical practitioner):

a Medical Officer of the Commonwealth;

a medical practitioner approved by the Minister for the purposes of this paragraph;

a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph.

The applicant:

has undergone a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia; or

is under 11 years of age and is not a person in respect of whom a relevant medical practitioner has requested such an examination; or

is a person:

who is confirmed by a relevant medical practitioner to be pregnant; and

who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

who the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.

A relevant medical practitioner:

has considered:

the results of any tests carried out for the purposes of the medical examination required under subclause (3); and

the radiological report (if any) required under subclause (4) in respect of the applicant; and

if he or she is not a Medical Officer of the Commonwealth and considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, has referred any relevant results and reports to a Medical Officer of the Commonwealth.

If a Medical Officer of the Commonwealth considers that the applicant has a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community, arrangements have been made, on the advice of the Medical Officer of the Commonwealth, to place the applicant under the professional supervision of a health authority in a State or Territory to undergo any necessary treatment.

If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person. However, if an application for a visa is supported by a letter of support from a State or Territory government welfare authority, no member of the family unit is able to satisfy the secondary criteria unless regulation 2.08 applies.