Disability and Australian Visas: Significant Cost and Waivers

Can a Person with a Disability Apply for an Australian Visa?

Yes, a person with a disability can apply for an Australian visa. Australian law does not automatically refuse a visa simply because an applicant has a disability. However, the DHA assesses the financial impact of the disability on Australia’s healthcare and community services through the “significant cost test”.

It is important to understand that the significant cost threshold is not a mechanism for discriminating against people with disability in general, but a mechanism for managing the financial burden on Australia’s public budget. At the same estimated cost level, a person without a disability could also be affected if they have a costly medical condition.

How the DHA Calculates Cost for a Person with a Disability

The DHA estimates the total cost the applicant would generate for Australia’s healthcare and community services over the expected visa period. The items counted include:

Healthcare costs: treatment, medication, medical equipment, rehabilitation therapy, specialist care.

Community service costs: NDIS (National Disability Insurance Scheme) support, in-home care support, and government-funded disability support services.

Special education costs: where a child needs special educational support in a public school.

The DHA compares this total estimated cost with the average per-person expenditure of Australians over the same period. If it exceeds the prescribed threshold (updated annually and published publicly), the DHA may refuse the visa on health grounds.

What Is the Significant Cost Threshold?

The significant cost threshold is adjusted periodically by the DHA. It is the cost level above which, if the applicant’s estimated cost passes it, the case may be regarded as not meeting the health requirement. The specific figure is published on the DHA website and updated annually.

Important: this threshold applies to the entire expected period in Australia, not the annual cost. A long-term visa or a permanent visa will have a larger total estimated cost than a short-term visa.

Waivers for People with a Disability

Australian migration law provides for the possibility of waiving the health requirement in certain cases. This is the most important point that many people with disability and their families are unaware of.

Waivers for close family of an Australian citizen or permanent resident:

In some family visa types, the DHA may consider granting a waiver if the sponsor is an Australian citizen or permanent resident and there is a close relationship (spouse/partner, child, parent). A waiver is not granted automatically but must be considered case by case, based on:

• The nature and degree of attachment of the family relationship.
• The sponsor’s sharing of the financial burden.
• The community benefit if a waiver is applied.

Not every visa has a waiver: skilled visas, student visas and visitor visas usually do not have a waiver mechanism for health grounds.

Appealing If Refused

If a visa is refused on significant cost grounds related to a disability, the applicant has a right to appeal to the AAT (Administrative Appeals Tribunal). At the AAT:

• The AAT may request an Independent Medical Assessment (IMA) to reassess the cost.
• The applicant may provide further evidence of an ability to self-fund or to reduce the burden on the public system.
• The AAT has the power to substitute its own decision for that of the DHA.

The rate of success at the AAT in health appeals varies considerably depending on the specific circumstances. Advice from an experienced migration agent or migration lawyer is strongly encouraged in these cases.

Application Strategy for People with a Disability

To optimise the chances of success, consider the following strategies:

• Prepare a detailed medical report from a specialist confirming the level of independence and the actual cost of treatment.
• If you have comprehensive private health insurance, provide evidence to reduce the estimated cost to the public system.
• Consult a migration agent before lodging to assess the risk and prepare your case in the right direction.