There are several grounds a visa can be cancelled. The Australian visa system is complex, and understanding the grounds for visa cancellation is crucial for Australian visa holders. One particularly sensitive area is visa cancellation on health grounds, specifically related to public health risks. 

Section 116(1)(e) of the Migration Act

A visa can be cancellation on health grounds under the Section 116(1)(e) of the Migration Act. This section allows for visa cancellation if the visa holder’s presence in Australia poses a risk to:

• The health, safety, or good order of the Australian community
• The health or safety of an individual or individuals.

This provision highlights the Australian government’s commitment to protecting public health.

Active Tuberculosis (TB)

A critical point to understand is that visa cancellation on health grounds must be evidence-based. For instance, in cases involving suspected Tuberculosis (TB), a mere suspicion is insufficient. The authorities require concrete medical evidence of active TB.

HIV and Hepatitis B/C

It’s important to note that, under current policy, HIV and Hepatitis B are generally not considered threats to public health that would warrant visa cancellation. However, there are exceptions.

• Healthcare workers or healthcare students performing exposure-prone procedures (EPPs) with untreated HIV or active Hepatitis B or C are usually considered a public health risk.
• Conversely, HCWs/HCSs with undetectable HIV viral loads, who remain compliant with their medication, or those with Hepatitis B or C viral loads below a certain threshold, can typically perform EPPs safely.

Beyond Medical Conditions: Public Advocacy and Other Grounds

Visa cancellation under Section 116(1)(e) isn’t limited to medical conditions. Publicly advocating against Australian public health interests can also be grounds for cancellation in specific circumstances.

Furthermore, if a case doesn’t meet the requirements of Section 116(1)(e), your visa can be cancelled on other potential grounds. These grounds can include:

• Providing incorrect information on the visa application or during the medical process.
• Violating other laws of the Commonwealth (Section 116(1)(f)).
• If you are a student visa holder, such as not being a genuine student (Section 116(1)(fa)(1)) or have engaged or likely to engage in a conduct that is the outside of the scope of their student visa.

Don’t risk your application, contact EMC Australia (EMC-Education & Migration Centre) to assist you with the application process. Your trusted partner with proven success. 

If you are in a situation where needing Health Wavier, contact us 

Email: admin@emcaustralia.com.au

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