Big HIV Health Case Win. AR LAW Services secure a health Waiver for Client with HIV.


A client approached AR LAW Services when it was likely his skilled Australian Visa was going to be rejected given he had tested positive to HIV.

HIV (human immunodeficiency virus) is a virus, also known as a retrovirus. As the name suggests, it is a virus that attacks the body’s natural immune system.

Unlike other viruses like influenza or the common cold that stays in the body for a short time, HIV remains in the human system permanently. HIV and AIDS became a major public health concern in the ‘80s, though it is believed to have existed for a long time before that.

A simple blood test can reveal if someone has been infected with HIV. If someone has no measurable antibodies to HIV, they are referred to as HIV negative. Someone who does is referred to as HIV positive.

Under Australia Migration Law


We might be able to exercise a health waiver for applicants for some visa subclasses if a Medical Officer of the Commonwealth (MOC) finds they don’t meet the health requirement.

You must first meet all other eligibility criteria for the visa. We must then be satisfied that granting you the visa is unlikely to:

  • result in a significant cost to the community
  • prevent Australian citizens from accessing health care or community services in short supply

We can’t exercise a health waiver if you fail to meet the health requirement because:

  • you have active tuberculosis
  • your condition might pose a danger to the community

How we exercise health waivers

You can’t apply for a health waiver. Your visa officer will contact you to let you know you have not met the health requirements but a waiver might be considered.

We will ask you to:

  • give us more information about why a health waiver should be exercised
  • complete a formal submission template telling us why we should exercise a health waiver

We consider each waiver on a case-by-case basis. We will consider a number of factors when we decide to exercise a health waiver, including:

  • whether you or any of your family members can lessen the potential cost of your condition and your reliance on our health care and
  • any compassionate and compelling circumstances that support exercising a health waiver for you

Health waiver outcomes

We will continue processing your visa application if we exercise a health waiver.

We will refuse your visa application if we don’t exercise a health waiver. Your visa officer will let you know if this is the case.

The Case.

Following numerous submissions covering many relevant aspects of the factual matrix and application of the relevant jurisprudence, regulations and policy AR LAW Services successfully secured the waiver and the visa was granted.  Understandably the client was extremely relieved and happy with the result and AR LAW Services. Master Migration Lawyers.

So if you or someone you know has had a visa refused due to Health issues or has failed to secure a HEALTH WAIVER talk to us.

Or if you or anyone you know has an Australian Visa refused, rejected or cancelled due to police history or character grounds contact us to discuss your Appeal or Review options.

Remember TRUST ONLY a Master Migration Lawyer andmake an appointment with AR LAW Services: Master Migration Lawyer.

Book a Consultation

Call 03 9614 0218 or email to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

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Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

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