The following information has been used with permission from the AFAO website. This information is correct as at July 2004. However immigration regulations and procedures change from time to time; therefore some of the information in this guide may have changed since it was written. You should check before you act on this information. AFAO cannot assume responsibility for errors in this guide or their consequences.

Immigration and HIV/AIDS

The Australian immigration system has very strict health requirements for all people applying for permanent residence, designed to minimise costs to Australia’s health care and welfare system. People are regularly excluded from migrating to Australia on a wide variety of health grounds.

Therefore all applicants are tested for HIV, and HIV status will be taken into account in deciding on your application for permanent residence. However there is no automatic exclusion on people with HIV/AIDS. A considerable number of people with HIV/AIDS have succeeded in obtaining permanent residence in Australia. It will depend on your individual circumstances. This article explains how the system works.

Classes

To become a permanent resident in Australia, you must fall into one of the classes set out in the Migration Regulations eg. spouse, de facto spouse, interdependency, refugee etc. All classes have strict requirements that must be satisfied in every case, including health requirements.

Interdependency

Over 80 percent of people living with HIV/AIDS in Australia are infected through homosexual sex. Therefore it is to be expected that a significant proportion of HIV positive applicants for permanent residence will be gay men in relationships with Australian citizens. (However there are also considerable numbers of HIV positive applicants who are not gay).

Gay relationships are recognised by Australian immigration law under the “interdependency” class, but only if one partner is an Australian citizen, permanent resident or eligible New Zealand citizen. This article does not deal with the requirements of interdependency. Any person proposing to apply on these grounds – whether HIV positive or not – is advised to obtain further information from the Gay and Lesbian Immigration Task Force (GLTF)(see contacts listed below).

HIV Testing

All applicants for permanent residence aged 15 years or over are required to have an HIV test. In addition, children under 15 are tested where they are to be adopted by an Australian resident, where they have a history of blood transfusions, or where it is clinically indicated.

The HIV test takes place as part of the process of medical examination undertaken by all applicants for permanent residence. People applying within Australia must see a Medical Officer for the Commonwealth. You will be advised of arrangements for HIV testing when you make the appointment for your medical examination.