PIC 4007 Health Waiver: Turn Refusal Into Approval

Look, if the Department has told you that you do not meet the health requirement for your visa, you are probably feeling like the door just slammed shut. But here is what most people do not know: you may still have options. A health waiver under PIC 4007 could change everything.

And there is something else. You have rights in this process. If the Department does not follow them, their decision can be overturned.

What Is Section 57 and Why Does It Matter?

Section 57 of the Migration Act is your protection. It requires the Department to give you a chance to respond before they refuse your visa. If they are considering a refusal based on health grounds, they must tell you. They must give you time to comment and provide additional information.

This is not a courtesy. It is the law.

The principle behind this is natural justice. You have the right to a fair hearing before a decision is made that affects your life. The Department cannot just decide behind closed doors and hand you a refusal. That is not how this works.

How Health Waivers Actually Work

Health waivers allow people with certain medical conditions to be granted a visa even if they do not meet the standard health requirements. This applies to partner visas, skilled visas, and other subclasses.

The government can grant a waiver if your condition is not considered a significant risk to public health or safety. But here is the reality: the process is not straightforward. The Department has discretion, and they do not always exercise it fairly.

I have been practising immigration law for over fifteen years. I have seen people with well-managed conditions refused waivers for reasons that do not hold up to scrutiny.

When the Department Gets It Wrong

I have seen cases where the Department refused a health waiver without giving the applicant a proper opportunity to respond. One case stands out. A woman with well-controlled diabetes was refused a waiver despite medical evidence that her condition posed no risk. The Department made the decision without letting her provide additional evidence or explain her circumstances.

She took it to the Administrative Appeals Tribunal. The Tribunal found that she had not been given a fair hearing. The decision was set aside and sent back to the Department for reconsideration.

This happens more often than you might think. The Department makes mistakes. They skip steps. They overlook evidence. And when they do, you have the right to challenge it.

Your Rights When Facing a Health Refusal

If the Department is considering refusing your visa on health grounds, here is what they must do:

• Notify you in writing that health is an issue

• Give you adequate time to respond

• Consider any information you provide

• Give reasons for their decision

If they skip any of these steps, their decision may be challengeable. That is not a technicality. That is your right to a fair process.

What Should You Do Right Now?

If you have received a notice about health requirements, do not ignore it. Do not assume it is over. Respond within the timeframe. Provide all relevant medical evidence. Explain your circumstances clearly.

If your visa has already been refused on health grounds and you believe you were not given a fair hearing, you may be able to appeal. Time limits apply, so do not wait.

Affected by PIC 4007? Book a consultation and let us review your case. There may be options you have not considered.