When applying for an Australian visa, many applicants are surprised to learn that one family member’s circumstances can affect the outcome of the entire application. This principle is commonly referred to as the “One Fails, All Fail” criterion.
What Does “One Fails, All Fail” Mean?
Under Australian migration law, certain visa subclasses require all members included in the application to satisfy specific health and character requirements. If one applicant does not meet these requirements, the Department of Home Affairs may refuse the visa application for every applicant, even if the other family members meet all criteria.
This principle most commonly arises in relation to health requirements under Public Interest Criterion (PIC) 4005, and, in some circumstances, character requirements.
Health Requirements and Family Members
For many permanent and provisional visas, all applicants included in the application must meet the health requirement. In addition, some family members who are not migrating to Australia may also be required to undergo health examinations.
Where a family member has a medical condition that is assessed as likely to result in significant healthcare or community service costs, or prejudice access to those services for Australian citizens and permanent residents, the entire visa application may be refused.
For example, if a child included in a skilled migration application is found not to satisfy the health requirement, the parents and other dependent children may also be refused the visa. In effect, one applicant’s failure can lead to the refusal of the entire application.
Visas with Health Waiver Provisions
Some visa subclasses contain a health waiver under Public Interest Criterion 4007. Where available, decision-makers may consider factors such as:
- The extent of the anticipated costs to the Australian community;
- The applicant’s ability to mitigate those costs;
- The prejudice to the access to health care or community services of an Australian Citizen or permanent resident;
- The compassionate and compelling circumstances of the case; and
- The impact of refusing the visa.
However, not all visas provide a health waiver. For visas subject to PIC 4005, the “one fail, all fails” principle generally applies strictly.
Character Requirements
Similar consequences may arise where one applicant fails the character requirement. Depending on the visa subclass and circumstances, a refusal or cancellation affecting one family member may have implications for other applicants included in the same application.
Importance of Obtaining Professional Advice
Health and character issues can be complex and may have significant consequences for visa applicants and their families. Early assessment and strategic advice are essential to identify potential risks and determine whether a health waiver or other options may be available.
At VP Migration Advisory, we provide professional assistance with:
- Health requirement assessments and health waiver submissions;
- Public Interest Criterion (PIC) 4005 and PIC 4007 matters;
- Character issues and visa refusals;
- Administrative Review Tribunal (ART) appeals.
If you or a family member has concerns regarding health or character requirements, obtaining timely advice may greatly improve your prospects of a successful outcome.
Disclaimer: This information is general in nature and does not constitute legal or Migration law advice. Individual circumstances vary, and professional advice should be obtained before making any visa application.