Australia Updates Migration Rules for Kids with Disabilities

Overview

The Australian Government has introduced changes to the Migration Regulations, specifically focusing on health-related criteria under clauses 4005 and 4007. These changes are part of the Government's broader response to the recommendations from the Disability Royal Commission, which seeks to minimize disadvantages for people with disabilities, including children, within Australia’s migration system.

Background

Following the publication of the Disability Royal Commission Report in September 2023, the Australian Government has committed to reviewing and amending migration policies that impact people with disabilities. The report called for reforms to eliminate barriers faced by individuals with disabilities in the migration process. In response, the Department of Home Affairs conducted a review, publishing the Report on the Migration Health Requirement and Significant Cost Threshold in April 2024. This review proposed that child visa applicants born and living in Australia with disabilities or health conditions should receive special consideration due to their inherent connection to Australia.

In July 2024, the Government released its final response to the Disability Royal Commission Report, setting the stage for legislative amendments. These amendments aim to provide a fairer and more inclusive pathway for children born in Australia who face health challenges.

Key Changes to Health Criteria 4005 and 4007

The Amendment Regulations allow special consideration for minor visa applicants who:

• Were born in Australia.
• Ordinarily reside in Australia.
• Have a health condition or disability.

These changes ensure that children born and residing in Australia are not disadvantaged in the visa process solely due to their health conditions or disabilities. By implementing these amendments, the Government upholds its commitment to providing a more equitable settlement process, offering these children a fair opportunity to remain in Australia.

It is important to note that these changes apply exclusively to children meeting the above criteria. Other minors with health conditions or disabilities continue to be subject to the existing requirements under clauses 4005 and 4007 of the Migration Regulations.

Benefits for Parents and Carers

The Amendment Regulations also extend to parents or carers of affected minor visa applicants. Previously, parents or carers could have their visa applications denied if the child did not meet the health criteria under paragraphs 4005(1)(c) or 4007(1)(c). With these amendments, parents or carers of a child with a disability born and ordinarily resident in Australia are no longer penalized solely on this basis.

Exclusions and Limitations

These amendments do not exempt applicants from the entirety of clauses 4005 and 4007 or any other relevant visa requirements. They only address the specific disadvantage tied to health conditions or disabilities for eligible children born in Australia and their immediate family members impacted by the health criteria.

These updates underscore the Government's dedication to fostering a more inclusive migration system, affirming the rights of children born in Australia with disabilities to live and grow within the country they call home.

Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024