Australia's migration legislation and associated regulations impose strict rules for people applying for permanent residence, including rules regarding health. These rules are referred to as the 'Health Requirement'. Under these complex rules a test for HIV is mandatory for all prospective migrants to Australia, for off-shore applicants for refugee and humanitarian visas and for some student visa applicants.

Generally, applicants for permanent visas who have HIV do not pass the Health Requirement - although some HIV-positive applicants are granted visa under 'waiver' provisions.

AFAO believes Australia's migration legislation, regulations and policies must be reformed to remove mandatory HIV testing. Until such reform, Australia's policies contravene international human rights standards and public health best practice. Our discussion paper, Migration Law and HIV: The case for reform of Australian migration law and policy to ensure that the human rights of people living with HIV are respected and protected, (PDF - 147.3 KB) outlines Australia's migration policies as they affect people living with HIV, and makes recommendations for policy reform.

AFAO considers that the most pressing issue is the need to reform Australia's migration policies affecting HIV-positive refugees. Refusing off-shore refugee applicants residence on the basis of HIV-positive status or other disability is clearly contrary to the Australian Government's stated policy that consideration of a refugee's claim for protection should involve no issues other than the person's need for protection. AFAO's policy position regarding the need for reform of these policies is set out in our Position Statement, Call for reform of Australian migration policies affecting refugees living with HIV (PDF - 184.8 KB)

See also:

Discussion paper: Migration and the law - Executive Summary (PDF - 103.4 KB)

AFAO submission to the Inquiry into the Migration Treatment of Disability (PDF - 73 KB)

Presentations from the AFAO Immigration forum, September 2009

AFAO/HALC joint submission to the 2008 Immigration Detention Inquiry (PDF - 47 KB)