• Your intended activities in Australia (for example, if you are likely to enter a classroom situation);
• Your intended length of stay in Australia; and
• Where you have lived prior to entering Australia.

Permanent entry

If you are applying for a permanent visa, you and all members of your family unit (whether or not they are included in your application) will need to be assessed against the health requirement.

Applicants for permanent visas will need to undergo a medical examination and a chest x-ray. The medical examination will include testing for:

• Tuberculosis,
• Hepatitis B, and
• HIV

The Department can also request further specialist medical reports relating to other conditions.

If you do not meet the health requirement, your visa will be refused. However, depending on the type of visa you have applied for, you may be eligible for a review of this decision, either at the Departmental level or at the migration Review Tribunal (‘MRT’).

If you have a health concern that you think will affect your application, or if your application is refused on health grounds, you should contact us as we have advisers who have particular expertise in dealing with health issues in immigration.

Character Issues

Most Australian visas require you to meet certain public interest criteria, including a 'character test'.

You may not pass the 'character test' if:

• You have a substantial criminal record;
• You have been associated with people or groups that the Department suspects of being involved in criminal activities;
• Your past or present criminal or general conduct is of concern to the Department; or
• The Department is concerned that while you are in Australia, there is a significant risk that you may:
  • Be involved in criminal conduct,
  • Harass, molest, intimidate or stalk another person,
  • Vilify part of the Australian community,
  • Incite discord in the Australian community, or
  • Represent a danger to the Australian community.

You may still be granted a visa even if you do not pass the character test, depending on your individual circumstances. In some cases, you may be able to review a refusal of a visa on character grounds at the Administrative Appeals Tribunal (‘AAT’).

If you think that you may not pass the 'character test', you should contact us for advice on your options.