Call for public comment on Australia’s migration health rules

[Sheelagh Blanckenberg]

Do visa applicants with a disability represent an unfair cost to the Australian community and to our health system?

This is the question being asked by the Migration Committee’s inquiry into the migration treatment of disability.

Chair Michael Danby said that the Committee would like to hear the views of people with a disability, employers, business organisations, disability and community services providers, and any other interested individuals or organisations.

The Committee is also interested in hearing the stories of people who have had difficulties getting a visa due to a disability, disease or condition, or have a friend or family member with that experience.

Comments are sought on the following questions:

• Is the current process for assessing a visa applicant against the health requirement fair and transparent?
• What types of contributions and costs should be considered?
• How do we measure these?
• Are there additional factors that should be considered?
• Do you have personal experience of this?
• What principles should apply to the assessment of visa applications against the health requirement? Should there be exceptions?

Every year, millions of people apply to visit or migrate to Australia, and grant of a visa is conditional on a person satisfying the health requirement specified in the Migration Regulations.

Disability does not in itself mean that a person or a family will be refused a visa. However, as part of the health test, applicants with a ‘disease or condition’ are assessed on their potential cost and impact on Australian health and community services.

In 2007-08, at least 240 people were refused visas on the basis of a health condition, including at least 70 with a disability. An additional 442 applicants were refused a visa on health grounds because they had a family member who was unable to meet the health requirement.

The Committee is examining whether decision-makers should be able to take into account a potential migrant’s social and economic contribution as well as anticipated health care costs. For full details of the terms of reference and information on how to make a submission, please visit the Committee website.

The Committee will be holding public hearings for the inquiry on Thursday 12 November in Sydney and Tuesday 1 December in Melbourne. Further dates are also planned for Brisbane and Canberra. People and organisations interested in participating in a public hearing should contact the secretariat.

For media comment, please contact the Committee Chair, Michael Danby MP, on (02) 6277 4520, or the Deputy Chair, Hon Danna Vale MP, on (02) 6277 4866.

For more information and the inquiry terms of reference, visit the inquiry website at www.aph.gov.au/house/committee/mig/disability/index.htm or contact the Committee Secretariat on (02) 6277 4560 or jscm@aph.gov.au.

[pio2]

I have a chronic medical condition and had to jump through a few hoops for my 457 and also for my PR. My PR application took over 6 months. 4 of those were just waiting for an appointment to see the Dr they requested!

[Sheelagh Blanckenberg]

Please consider making a submission about your experience. The more people who respond the better. The current view of disabilities taken by our immigration department/Medical Officer of the Commonwealth, is too arbitratory and nebulous and grossly discriminatory in many cases.

[Poms In Oz]

Please consider making a submission about your experience. The more people who respond the better. The current view of disabilities taken by our immigration department/Medical Officer of the Commonwealth, is too arbitratory and nebulous and grossly discriminatory in many cases.

Sheelagh

You are absolutely right.

I spent six hours this arvo drafting my submission. I have e-mailed the draft to various people and ten minutes ago I forwarded it to Robert Chelliah, to try to get this thing moving.

There have only been two published submissions so far. Hopefully there are more which either haven't been published because they are late submissions or they are submissions for which the authors have requested confidentiality.

Apart from a stipulation that I do not want my home address, e-mail address or phone number published on the Web, I do not intend to request confidentiality.

If you want to read my draft, perhaps Robert will be kind enough to forward my e-mail to you. The rules seem to be that I can circulate the draft for a "sanity check" but that after I send the document to Canberra I cannot then circulate the submitted version to anyone else.

Cheers

Gill

[Migration Help]

The deadline for making a submission is Wednesday 28th October 2009.

Anyone who has had experience in this regard should pleased consider making a submission - it is not difficult. The House of Reps has a great information leaflet on how to make a submission: http://www.aph.gov.au/house/committee/mig/disability/subs.htm .

On the same webpage you can see two submissions which have already been made. Far more responses than this are needed if changes are to made in this regard. So please take some time to respond.

[Robert K Chelliah]

Health Issues for Migration :

As the Schedule 4 is constructed and intepreted now it is :

1. Narrow in its construct and focused solely on medical conditions.
2. The financial and social aspect of the visa applicant with disability or his/her family support is excluded from consideration.
3. The contribution of an applicant with disability is discarded , eg a person with hepatitis B requires medication costing $12,000 per year. She and her husband (nurse and medical doctor on 457) contribute $ 30,000 per year as income tax plus scarce medical services as a nurse and doctor to the community. Visa for PR is likely to be refused.
4. A 90% wheelchair bound applicant has a trust fund of $900,000 plus a door-persons job earning $25,000 per annum. He needs no medical services or treatment nor any medication, he will not be entitled to any public income security or other social or institutional support. He is a net tax paying productive person. Case is currently on appeal to magistartes court.

I can go on. The Inquiry committee just have to click into the MRT and judicial cases on health issues. They need no input from the public as there are thousand of real cases and very sound appeal grounds reflected in each of them.

The health cost to the community is a State cost and not a Federal cost and most States are willing to absorb the cost to support increased population.

Visa refusal for one member is refusal to all family members and this is a great loss to Australia .

Again I can go on.

Robert K Chelliah

[Robert K Chelliah]

The deadline for the submission is not closed.
House of Representatives
######################
Issued by: House of Representatives Liaison & Projects Office, Tuesday 27 October 2009
Putting a price on disability: Australia’s migration health rules
The Joint Standing Committee on Migration will hear tomorrow (28 October) from Australian Lawyers for Human Rights, who argue that the health requirement that currently applies to Australian visas reflects an outdated view of disability and of the public interest.
Migration Committee Chair, Michael Danby, said that the public hearing is part of the Committee’s current inquiry into the migration treatment of disability. “Disability does not in itself mean that a person or a family will be refused a visa. However, as part of the health test, applicants with a ‘disease or condition’ are assessed on their potential cost and impact on Australian health and community services”.
“The Committee is examining whether decision-makers should be able to take into account a potential migrant’s social and economic contribution as well as anticipated costs,” Mr Danby said.
In a discussion paper published earlier this year, Australian Lawyers for Human Rights suggested that the migration system needs to take a broader view of the value of a potential migrant and their family.
Australia should consider “a shift from an objective economic assessment of a disabled person’s value… to one with a greater focus on their value and contributions to a diverse and progressive society”, it said.
“Some values cannot be expressed in economic terms, such as the quality of a person’s life, relationships and their contribution to Australian society.”
This would be in line with the social model of disability adopted in the United Nations Convention of the Rights of Persons with a Disability, which was ratified by Australia last year, as well as the social inclusion agenda being promoted through the development of a National Disability Strategy.
While the formal submission period has closed, the Committee will continue to accept submissions and encourages people with a disability, employers, business organisations, disability and community services providers, and any other interested individuals or organisations to make comment.
The public hearing will commence at 12.30pm in Committee Room 1R3, Parliament House, Canberra. Visitors are welcome to attend, or you can listen to a live webcast at http://webcast.aph.gov.au/livebroadcasting/.
For media comment, please contact the Committee Chair, Michael Danby MP, on (02) 6277 4520, or the Deputy Chair, Hon Danna Vale MP, on (02) 6277 4866. For more information and the inquiry terms of reference, visit the inquiry website at www.aph.gov.au/house/committee/mig/disability/index.htm or contact the Committee Secretariat on (02) 6277 4560 or jscm@aph.gov.au.

[Sheelagh Blanckenberg]

Thanks for posting the update Robert - I just logged on to do the same and saw you had beaten me to it!

The webcast should be interesting.

[Sheelagh Blanckenberg]

Health Issues for Migration :

As the Schedule 4 is constructed and intepreted now it is :

1. Narrow in its construct and focused solely on medical conditons.
2. The financial and social aspect of the visa applicant with disability or his/her famlily support is excluded from consideration.
3. The contribution of applicant with disability is discarded , eg a person contained with hepatitis B requires medication of costing $ 12,000 per year. She and her husband (nurse and mdical doctor on 457) contribute $ 30,000 per year as income tax and plus scarce medical sefrvice as nurse and doctor to the community. Visa for PR is likely to be refused.
4. A 90% wheelchair bound has a trust fund on $ 900,000 plus a door persons job earning $ 25,000 per annum. He needs no medical serv ices or treatment or is any medication, he will not be entitled to any public income security or other social or institutional support. he is a net tax paying productive person. case is currently on appeal to magistartes court.

I can go on. The Inquiry committee just have to click into the MRT and judical cases on health issues. They need no input from public as there are thousand of real cases and very sound appeal grounds reflected in each of them.

The health cost to the community is a State cost and not federal cost and most Sates are willing to absorb the cost to support increased popuklation.

Visa refusal for one member is refusal to all family members and this is a great loss to Australia .

Again I can go on.

Robert K Chelliah

Your points are most valid Robert,thank you.

I also heartily agree with your comment that the committee almost need not look any further other than at cases which have gone to review. All the material they could possibly wish for will be found in these reviews.

[Poms In Oz]

Sheelagh

http://www.alhr.asn.au/activities/2009/06/01/discussion-paper-a-human-s-worth-putting-a-price-on-disability-in-migration-matters.html

Above is the link to the ALHR Paper, published in June 2009.

I am just reading it through now, for the first time. It is very powerful and I imagine it will form the core of their oral submission to the Inquiry later today.

It is well worth reading the Discussion Paper.

Cheers

Gill

[Migration Help]

Issued by: House of Representatives Liaison & Projects Office, Wednesday 28 October 2009

Due to unforeseen circumstances, today’s scheduled public hearing for the inquiry into the migration treatment of disability, with Australian Lawyers for Human Rights, has been postponed.

The Migration Committee’s next public hearing for the inquiry will now be in Sydney on Thursday 12 November.

For information about the inquiry please visit the web site at http://www.aph.gov.au/house/committee/mig/disability/index.htm .

A number of submissions will be published this afternoon following the Committee’s private meeting.

[Sheelagh Blanckenberg]

Thanks for the link Gill and for forwarding your draft submission to read - as I said in my email, I thought it excellent so I am sure the final version can only be better.

I have made my submission and Robert undertakes to find some time this week to knock something together as well.

Robert, I know you are under the pump but if all you do is repeat the points you made above and also mention the 11 appeal cases you have worked on by name and highlight the fact that 10 were eventually approved and the 11th is in the federal magistrates court, this should surely be enough to spur someone on the committee to investigate the MRT cases further. I doubt they would dismiss this part of your submission simply because you have not listed the underlying facts of the respective cases, the mitigating facts you put forward in your submission and the reasons the MRT members made the findings they did.

[Sheelagh Blanckenberg]

Quick update on this topic:

For some reason the ALHR did not liaise with the Committee as stated would happen. :( . Maybe it will still go ahead.

The good news is that 30+ submissions have been received so far and have been published on the website.

I have scanned trhough a few and no surprises most submissions cover similar points time and time again. Let's hope the message is driven home and the committee are empowered to enforce some real change!

The list of submissions published is here: http://www.aph.gov.au/house/committee/mig/disability/subs.htm.

Cheers
Sheelagh

[Sheelagh Blanckenberg]

Dear all

Do not be intimidated by the 'submission' process.

The committee have opened this debate up to the public at large so they will not be expecting legally-articulated manuscripts from all.

The 6 form questions are just there as a guide. Use them if you can. Disregard them if you can't. I often find just keeping to dot points helps when I put down my thoughts for public submissions like this. Brief, factual, to the point, and with this issue, emotive is good :) !.

Dont get caught up in the angst of writing a structurally correct thesis. All that matters at the end of the day is what you have to say on the subject - your experiences and your thoughts/opinions.

Cheers

Sheelagh

[Poms In Oz]

Hi Robert

Trust me, I can nag for England!!

Another RMA called Mr Tempest has made a submission, which is here:

http://www.aph.gov.au/house/committee/mig/disability/subs/sub018.pdf

I was shocked by his account when I read it. The lady who was pregnant reminded me of the equally terrible case of the late Mrs Agha:

http://www.abc.net.au/am/content/2006/s1618882.htm

(The Ombudsman's own website is down at the moment but the above will give you the gist.)

Migration Agents are next in line to visa applicants in terms of seeing and knowing what actually happens with the health requirement in harsh real life, which is why I think it is so important to try to persuade RMAs to make submissions to this Inquiry.

Apparently the next batch of submissions will be considered by the Committee and published on 12th November, a friend of mine has been told.

Cheers

Gill

[Poms In Oz]

Thanks for the link Gill and for forwarding your draft submission to read - as I said in my email, I thought it excellent so I am sure the final version can only be better.

I have made my submission and Robert undertakes to find some time this week to knock something together as well.

Robert, I know you are under the pump but if all you do is repeat the points you made above and also mention the 11 appeal cases you have worked on by name and highlight the fact that 10 were eventually approved and the 11th is in the federal magistrates court, this should surely be enough to spur someone on the committee to investigate the MRT cases further. I doubt they would dismiss this part of your submission simply because you have not listed the underlying facts of the respective cases, the mitigating facts you put forward in your submission and the reasons the MRT members made the findings they did.

Hi Sheelagh

Thank you very much for making a submission to the Inquiry.

I am fully aware of how lucky we were with my mother. My sister was pessimistic because "she had heard" that it is almost impossible for the disabled to migrate. Mum was equally pessimistic because she did not want to get involved with false hope.

I believed that Mum is disabled, for sure, but that is because she was injured, not because she is ill. There is a big difference in my view. So what if her legs have gone wonky as a result of a serious spinal fracture? The rest of her body works perfectly well and so does her mind.

Luckily the doctors agreed. Also I had found out that we could frontload Mum's meds, which avoided months of agonising suspense, though I wasn't really able to relax till I got the phone call confirming that Mum was back in Perth, her CPV having been safely validated earlier that day. Until then I worried every day that something unexpected might happen.

I am heartened by all the expert contributions because they all insist that this relic of the Dark Ages cannot continue as it is. Hopefully we will all be heard and real change will happen.

Cheers

Gill

[Sheelagh Blanckenberg]

Migration Agents are next in line to visa applicants in terms of seeing and knowing what actually happens with the health requirement in harsh real life, which is why I think it is so important to try to persuade RMAs to make submissions to this Inquiry.

Apparently the next batch of submissions will be considered by the Committee and published on 12th November, a friend of mine has been told.



Hi Gill

Besides my own family health issue that had to be dealt with when we migrated I have seen and been involved with a number of very sad cases and tragic decisions, both as a DIAC officer as well as a migration agent.

It is every case officer's nightmare to refuse an application on medical grounds. I used to have my staff cover the pictures of the migrating family on applications I worked on (one of the passport-sized photos of each applicant used to be placed on the front of the file) so that I never 'saw' the applicant until I had made a decision.

Good news about the other batch of submissions - I will be looking out for them, thank you.

[Sheelagh Blanckenberg]

The House of Representatives has established a committee to review the health criteria for Australian visas, particularly in relation to obtaining permanent residence. For some weeks they have been asking for anyone with knowledge or interest in this matter to make a submission to the committee.

The first public hearing on this matter is to take place in Sydney tomorrow (see below for more information).

I would urge all who are able to attend this hearing.

The committee is still taking in submissions from the public. If you have not already made one please consider doing so. If enough information and interest is shown in this area there seems to be a very good chance that the current 'one fail all fails' rule may be revised.

Please get on board!

If you or a family member had difficulties obtaining, or were refused a visa, because of the health requirement please make a submission to the committee. They are not difficult.

To view submissions made to date please go to Migration/Disability Submissions (http://www.aph.gov.au/house/committee/mig/disability/index.htm)



#########################################
House of Representatives
#########################################
Issued by: House of Representatives Liaison & Projects Office, Wednesday 11 November 2009

A fair go? Sydney public hearing on migration and disability “We never think of her blindness as a 'medical condition', it's just more a physical condition,” says an individual whose sister in South Africa has been refused an Australian visa.

While she otherwise meets the requirements for skilled migration, her sister’s blindness means that, under current migration health rules, she has been assessed as potentially too costly to the Australian taxpayer and to Australian health and community services.

But the woman says that her sister “is not ill in any way. She happens to be blind — and in many ways we always think of her blindness as affording her skills that other people don't have.

“She has a much more highly developed sense of hearing, for instance. Her computer skills are way better than my computer skills because she has to learn every key stroke."

“It's hard to explain that to someone like [my sister] — to say you know THAT is the reason why you cannot come to a country like Australia."

These are among the stories included in the submission of the National Ethnic Disability Alliance (NEDA) to the inquiry into the migration treatment of disability.

NEDA is among a range of witnesses who will appear at a public hearing tomorrow (Thursday 12 November) in Sydney, the first public hearing for the inquiry by the Joint Standing Committee on Migration.

Committee Chair, Michael Danby, said that the Committee was looking forward to commencing public hearings for the inquiry.

NEDA has argued that the current arrangements are discriminatory, create social discord and hardship for many individuals and families, and do not accurately reflect the social and economic contributions that migrants and refugees might make to Australia.

The Committee will also be hearing from Professor Ron McCallum AO, who holds the distinguished position of Rapporteur to the United Nations Convention on the Rights of Persons with Disabilities, and Graeme Innes AM, the Australian Disability Discrimination Commissioner.

“This is a vexed area of migration policy and the Committee will be examining whether our current rules really are in Australia’s interest as a forward-looking, inclusive and productive society”, Mr Danby said.

Details of Meeting: 9.30 am – 4.00 pm, Thursday 12 November 2009, Corinthian Room, Sydney Masonic Centre, 66 Goulbourn St, Sydney

Members of the public and media are welcome to attend. There will also be an opportunity for members of the public to make a comment to the Committee or tell their story. Please see the full program for the day at http://www.aph.gov.au/house/committe.../Program03.pdf.

For media comment, please contact the Committee Chair, Michael Danby MP, on (02) 6277 4520, or the Deputy Chair, Hon Danna Vale MP, on (02) 6277 4866.

For information about the hearing or the inquiry, visit the inquiry website at Migration and Disabilityor contact the Committee Secretariat on (02) 6277 4560 or jscm@aph.gov.au.

[Silent Observer]

Has this committee got any teeth do you think?

Is there any chance the one fail all fail rule may be changed?

How is disability classified?

[Robert K Chelliah]

Hi S O

I am not aware of any legislated definition of "Disability" in the Migration Act or the regulations. In Schedule 4, more specifically item 4005, refers to " medical condition" that would be a (i) cost to the community to support the person i.e mainly medical treatment cost and income security (ii) use of scarce scarce medical resources.(iii) danger to community health by infection. Inherent in this are references to ability to enter or engage in the work force and the persons life span, etc

Disability of any type that does not impinge on any of the above conditions can be sucessfully argued to meet the schedule 4 requirements, such as a person who is wheelchair bound but capable of leading an independant life style with some work capabilities or own source of income.


Robert k Chelliah

[Robert K Chelliah]

Media Release
Joint Committee on Migration
16 November 2009

PUTTING A PRICE ON DISABILITY: AUSTRALIA’S MIGRATION HEALTH RULES (RESCHEDULED PUBLIC HEARING)

The Migration Committee will hear from Australian Lawyers for Human Rights, who argue that the health requirement that currently applies to Australian visas reflects an outdated view of disability and of the public interest on Wednesday 18 November.
Migration Committee Chair, Michael Danby, said that the public hearing is part of the Committee’s current inquiry into the migration treatment of disability. “Disability does not in itself mean that a person or a family will be refused a visa. However, as part of the health test, applicants with a ‘disease or condition’ are assessed on their potential cost and impact on Australian health and community services”.
“The Committee is examining whether decision-makers should be able to take into account a potential migrant’s social and economic contribution as well as anticipated costs”, Mr Danby said.
In its submission to the inquiry, Australian Lawyers for Human Rights argues that the migration system needs to take a broader view of the value of a potential migrant and their family.
It suggests that under our current rules, individuals such as the Governor of New York, David Paterson, who is blind, or Sir Richard Branson, who is dyslexic, may not be permitted to migrate to Australia. Within Australia, also, “there are a large number of academics, lawyers, bankers, teachers and parents who have disabilities and contribute to society”.
Further to this, the group proposes that, “Australia needs to open a space for values and narratives which cannot be expressed in economic terms, such as the quality of a person’s life and relationships and their contribution to Australian society”.
This would be in line with the social model of disability adopted in the United Nations Convention of the Rights of Persons with a Disability, which was ratified by Australia last year, as well as the social inclusion agenda being promoted through the development of a National Disability Strategy.
The public hearing will commence at 12.30 pm 18 November in Committee Room 1R3, Parliament House, Canberra. Visitors are welcome to attend, or you can listen to a live webcast at http://webcast.aph.gov.au/livebroadcasting/.
For media comment, please contact the Committee Chair, Michael Danby MP, on (02) 6277 4520, or the Deputy Chair, Hon Danna Vale MP, on (02) 6277 4866. For more information and the inquiry terms of reference, visit the inquiry website at www.aph.gov.au/house/committee/mig/disability/index.htm or contact the Committee Secretariat on (02) 6277 4560 or jscm@aph.gov.au.

Courtesy of CCH Parliament

Robert K Chelliah

[Sheelagh Blanckenberg]

Thanks for the posting Robert - you beat me to it!

To confirm.

The Migration Committee will hear from Australian Lawyers for Human Rights (ALHR) at a public hearing which will commence at 12.30 pm 18 November in Committee Room 1R3, Parliament House, Canberra.

ALHR argue that the health requirement that currently applies to Australian visas reflects an outdated view of disability. The hearing should be very interesting and I would urge all who can to attend.

Visitors are welcome to attend, or you can listen to a live webcast by clicking on the following link Listen here (at http://webcast.aph.gov.au/livebroadcasting/)

[Migration Help]

Sean Rubinsztein-Dunlop reported this story on Tuesday, November 17, 2009
Listen to MP3 of this story (http://mpegmedia.abc.net.au/news/audio/am/200911/20091117-am-04-immigration-discrim.mp3)


PETER CAVE: A successful software developer from South Africa is being blocked from moving to Australia because he's a quadriplegic.

Ryan Dekker has been told he can't work here because he'd be a burden to the health system even though Australia is seeking immigrants with just his skills.

His fight comes as a federal inquiry looks into claims of discrimination within Australia's immigration system.

Sean Rubinsztein-Dunlop reports.

SEAN RUBINSZTEIN-DUNLOP: Ten years ago, Ryan Dekker was shot through his spine and left fighting for his life.

RYAN DEKKER: The injury left me a quadriplegic so I've got full use of my arms but not my fingers. It was a very long road to recovery.

SEAN RUBINSZTEIN-DUNLOP: Stuck in a wheelchair, the 35-year-old has paved a career as a software developer, learnt to drive again and endured intense pain to be free of his medication.

RYAN DEKKER: It's like your hands are on boiling water. I was drinking 20 pills a day to cope with it and because I have faith in my maker, I started leaving those pills one at a time. It was a battle but after about six or seven months, I left all the pills and the pain subsided.

SEAN RUBINSZTEIN-DUNLOP: Moving to Australia is the next battle.

Mr Dekker's application for a working visa has been rejected because immigration officials say he'll be too big a burden on the health system even though the IT industry's peak body predicts another 14,000 workers will be needed next year.

RYAN DEKKER: It makes me feel terrible because in my country I compete with people that are walking. They can't do my job better than me and I cope with assistance and that assistance I don't get from the state, I pay for that assistance.

SEAN RUBINSZTEIN-DUNLOP: Ryan Decker is being backed by the incoming chairman of the United Nations Committee on the Rights of People with Disabilities, Professor Ron McCallum, who is blind himself.

RON MCCALLUM: If I tried to immigrate to Australia now I wouldn't be allowed in even though I'm an Officer in the Order of Australia.

SEAN RUBINSZTEIN-DUNLOP: He accuses Australia of ignoring its international commitments to stamping out discrimination.

RON MCCALLUM: I don't think that people should get into Australia just because of their disability. One has to balance the costs of their disability against their contributions to Australian society and I think given the manner in which Ryan has conducted his life and overcome overwhelming odds after being shot, that he could give much to this society.

SEAN RUBINSZTEIN-DUNLOP: Nearly 700 people with disabilities and health conditions are prevented from moving to Australia every year because each is judged to cost the economy at least $21,000 over a lifetime.

For Mr Dekker that's less than $500 a year if he lives the average life span.

A spokesman for the Immigration Minister says he's not aware of the case but he's committed to a federal inquiry which is looking at relaxing the rules.

PETER CAVE: Sean Rubinsztein-Dunlop reporting. You can read an extended version of that story at the ABC news website. You can also find links to this program with transcripts and audio.

SOURCE: ABC News (http://www.abc.net.au/am/content/2009/s2744672.htm)

[Migration Help]

Australia’s disability services—promoting participation

At its public hearing on Wednesday 25 November 2009, the Migration Committee will hear from the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) about what is happening with disability policy and services in Australia.

The hearing is part of the Committee’s current inquiry into the migration treatment of disability, which is considering how Australia might assess the potential costs and benefits represented by a person with a disability, disease or condition.
“The benefits of migration to the Australian economy are widely recognised,” Mr Danby said. “Evidence from FaHCSIA will provide a better understanding of the current costs of disability support services, of the wider benefits to the Australian community, and of the potential to build economic participation of people with a disability and their carers.”

“Many submissions to the inquiry have argued that our understanding of disability has evolved but our migration rules have not kept pace, framing disability solely in terms of liability.”

“The Committee looks forward to the hearing as a way of putting our migration rules in context,” Mr Danby said.

In addition to the Disability Support Pension and Carer support payments, FaHCSIA provides programs and services to increase social and economic participation of people with a disability and their carers. It does this in partnership with other government and non-government agencies.

The Department is currently working with the states and territories to establish the National Disability Strategy, an overarching framework for service delivery to improve support and provide opportunities for people with disabilities and their carers. The Strategy will include the range of services under the National Disability Agreement, whereby the states will receive $5 billion over five years to assist people with a disability into more sustainable living arrangements and also to support families and carers.

The public hearing will commence at 12.15 pm in Committee Room 1R3, Parliament House, Canberra. Visitors are welcome to attend, or you can listen to a live webcast at: http://webcast.aph.gov.au/livebroadcasting/.


For more information and the inquiry terms of reference, visit the inquiry website at www.aph.gov.au/house/committee/mig/disability/index.htm or contact the Committee Secretariat on (02) 6277 4560 or jscm@aph.gov.au.

[Silent Observer]

Any updates on this please?

[Migration Help]

Migrants With Disabilities 'Cost' Too Much

How much do people living with disabilities and health conditions cost the economy? This test is being used to assess visa applications - and it's finally up for review, writes Francesca Sidoti....

I have the clearest memory of visiting the Immigration Museum in Melbourne when I was about 17 years old. One of the activities was a migrant application exam. You entered a darkened room and chose a scenario from the screen. My godmother and I decided to be a Greek family fleeing post-war Europe. The object of the game is to try and get a visa to Australia. We failed because the daughter of the family was blind.

It was a powerful experience, simulated though it was, and it's been on my mind recently. The Joint Standing Committee on Migration is in the process of holding public consultations as it deliberates whether the health requirement in migration processes is fair.

Public meetings will take place in capital cities over the coming months to canvass the issue with the community and to hear more from experts and interest groups. It's been a long time coming for groups such as the National Ethnic Disability Alliance (NEDA) and the Multicultural Disability Advocacy Association of NSW (MDAA).They argue that the health requirement is discriminatory and are campaigning for transparent processes that balance the cost of medical provision for someone who fails the health requirement with their potential contribution to the economy.

When you apply for a visa to Australia as a migrant or a refugee, you undergo a health test where your "cost" to the Australian economy is assessed. If you "cost" too much, your visa application can be rejected. As the Department of Citizenship and Immigration's fact sheet states, the health requirement is in part designed to "contain public expenditure on health and community services, including Australian social security benefits, allowances and pensions" — as well as to minimise public health and safety risks.

In 2007–2008, at least 240 people were refused a visa on the basis of a health condition of which at least 70 were refused because of some form of disability. A further 442 people were turned down because of the health condition of a family member. Under immigration law, all family members must satisfy the health requirement for a family's application to be accepted.

This new focus on the health requirement has been spurred, in part, by the recent media attention given to the cases of Bernhard Moeller and Ryan Dekker.

Ryan Dekker is an IT specialist from South Africa. Ten years ago he was shot through the spine, an injury that resulted in quadriplegia. Dekker can drive and has weaned himself off medication. He says he will not cost the Australian government any money.

Last month, however, Dekker was denied a Skilled Independent Visa on the grounds that he would be too much of a drain on the Australian economy. The fact that he would bring skills sorely needed in Australia was not enough to warrant a waiver of the health requirement.

Bernhard Moeller is a doctor in Horsham, a town in country Victoria. He is the only internal medical specialist servicing the 20,000 inhabitants of the area. In November 2008, he was denied a permanent visa because his 12-year-old son has Down Syndrome. After his case was widely reported in the media, the Minister for Immigration intervened and Dr Moeller was granted a permanent visa — but not before he had to undergo a lengthy process before the migration tribunal.

Submissions already received by the Joint Standing Committee on Migration confirm that the health requirement has split up families — and has even meant that disabled family members have been left behind. Those who have some form of disability and do manage to get a visa will face a 10 year wait before they can access government services — as opposed to the two year wait for other migrants.

The risk of communicable diseases has long been invoked by immigration officials keen on health checks. Health checks have justified detention centres and soothed the worries of a nation concerned about the spread of disease. Yet of the 240 people refused visas in 2007–2008, only two were refused because of tuberculosis. Twenty-two per cent of applicants were refused visas on the grounds of being HIV positive, decisions which demonstrate no regard for the advances in medicine that have made HIV a manageable condition.

If we insist on judging visa applicants in terms of cost, migration processes should surely take into account such advances. A person with HIV with access to anti-retro viral drugs now has an equal working life expectancy to someone who is free of the virus. And in the case of a family rejected because of a member who does not meet the health requirement, the economic contribution of the family will outweigh the cost of care. Indeed, in their submission to the Joint Committee, NEDA estimated that even if every person whose visa application was rejected on the grounds of health in 2007–2008 cost the government $1 million over their lifetime, the Australian economy would still make a significant gain.

Furthermore, it should not be necessary to reassert the obvious point that living with a health condition or disability and making a contribution to the economy are not mutually exclusive. Nowhere does the health requirement acknowledge that people with disabilities make positive contributions to Australian society.

The health requirement sits in a fairly uncomfortable relationship with Australia's international human rights obligations — like the Convention on the Rights of Persons with Disabilities and the Convention Relating to the Status of Refugees. The legislation should acknowledge that disability may be a particular issue for refugees and may itself be grounds for asylum. Currently, as the Moeller case reminds us, children are not excluded from the health requirement. The break-up of families or the refusal of a visa because of a child's disability contravenes the Convention on the Rights of the Child.

Don't we have legislation in place to prevent discrimination against people on the grounds of disability?

Yes, but when it comes to assessing visa applications, the Disability Discrimination Act is suspended. And the suspension of the Racial Discrimination Act to enable the Northern Territory Intervention is a good reminder that when legal protection against discrimination is suspended, it's usually a pretty good indication that discrimination is occurring.

By Francesca Sidoti
Source: New Matilda (http://newmatilda.com/2009/12/02/access-restricted-migrants-disabilities)

[estellecjj]

Hi,

My name is Estelle and I have a son (14yr) with Williams Syndome. We are in Australia currently on a 457 visa and is in the process of applying We just found out that my son has failed his medicals. We still need to find out why because we included in our application a letter from our pediatrician who could attest to our son's excellent health and he also commented on how well he is functioning according to other Williams Syndrome kids he has seen. He stated that Lourens is in the top 3 op WS kids he has seen. We also went for our medicals in Paramatta and the doctor there that saw Lourens also commented on his very good health and that in his mind he would not foresee any problems for us as Lourens is functioning so well. Now we heard that he has failed his medicals. Where do we go from here? Any help would be much appreciated

Regards
Estelle

[nvoorst]

Dear Estelle,

This is a very complex issue and I don't think it can be answered on this forum. I suggest you contact someone like Robert Chelliah to explain your options to you.

Kind regards,

[estellecjj]

Dear Estelle,

This is a very complex issue and I don't think it can be answered on this forum. I suggest you contact someone like Robert Chelliah to explain your options to you.

Kind regards,

Thanks Nick - I have contacted George Lombard from Sydney who will hopefully be able to assist us.

E

[nvoorst]

Very good choice. It would be interesting to hear the outcome.

Regards,

Nick

[Sheelagh Blanckenberg]

Issued by: House of Representatives Liaison & Projects Office, Monday 21 June 2010

Report on the migration treatment of disability to be released tonight

The Joint Standing Committee on Migration will table its report into the migration treatment of disability in the House of Representatives at approximately 9:15pm tonight (Monday 21 June 2010).

The Committee’s inquiry was referred in August 2009 by the Minister for Immigration and Citizenship Senator Chris Evans. The terms of reference called for a review of the approach under the migration Health Requirement to assessing visa applicants with a disability.

The Committee’s inquiry received over 100 submissions, many recounting the circumstances of people rejected under the Migration Health Requirement, because of disability. While these accounts are exceptional among the many thousands of successful visa applications processed annually, the Committee concluded that current arrangements are prejudicial to people with a disability relative to other applicants.

The Committee Chair Michael Danby MP said: “Prospective migrants with disabilities and their families are currently excluded by the Migration Health Requirement as costs to our society. Applicants for permanent residency are particularly disadvantaged as there is little scope to consider the social and economic benefits of their inclusion”.

The Committee’s report, to be tabled tonight, recommends fundamental change to the Migration Health Requirement and its administration.

“The Committee believes its recommendations will not only address problems experienced by people with a disability and their families, but will also provide for a fairer and more efficient migration process for all visa applicants,” Mr Danby said.

Embargoed copies of report will be available to members of the parliamentary press gallery in Canberra from Suite R1 106 at 12 noon Monday 21 June 2010.

The report is available following tabling at http://www.aph.gov.au/house/committee/mig/reports.htm An electronic html version for screen readers will be available on the website from Monday 28 June.

For media comment, please contact the Committee Chair, Michael Danby MP, on (02) 6277 4520.

For background information, please visit the inquiry website at http://www.aph.gov.au/house/committee/mig/disability/index.htm or contact the Committee Secretariat on (02) 6277 4560 or jscm@aph.gov.au.

This is excellent news. Now we just have to wait and see what has been recommended and whether or not the recommendations are implemented by the immigration department.

[estellecjj]

Very good choice. It would be interesting to hear the outcome.

Regards,

Nick

Hi Nick

As luck would have it George cannot take on our case - apparently there is a thing with our current agent...
We have now contacted our Federal Member of Parliament and have received so much support from him. Other than that we are at a standstill. We can opt to partake in the Medical Waiver process but that will only progress once NSW becomes a signatory state.
Do you perhaps have any words of advise for us?

Regards
Estelle

[Migration Help]

Enabling Australia - new migration report calls for fairer treatment of disability

Australia’s current health requirement for migration to this country is prejudiced against people with a disability and their families, the Chair of Parliament’s Joint Standing Committee on Migration, Mr Michael Danby MP said. He was outlining the findings of a report by the Committee regarding the treatment of migrants with a disability.
Mr Danby stated that;

“The inquiry heard that these regulations explicitly assume disability, or conditions associated with a disability, will be a cost burden to the wider community. This is based on projected or theoretical costs of health care and community services of prospective immigrants. Theoretical costs of immigration determined some immigrant’s ability to enter Australia irrespective of whether these services or payments will ever be used by the prospective immigrants”, Mr Danby said.

“Under the outdated regulations pertaining to migration, little or no account is taken of whether the applicant or their family will incur these theoretical costs. A more considered approach recommended by the Committee is that economic or social contributions of a migrant family - by filling skilled positions in critical shortage, paying taxes or contributing to health care funds, should be taken into account”, Ms Dana Vale, Deputy Chair added.

Mr Danby stated: “The report was bi-partisan. Australia needs a modern migration health assessment, with scope to positively recognise individual or overall family contributions to Australia and that takes into consideration development of contemporary medicine and social attitudes.”

The Committee report makes 18 recommendations to Government to ensure migration assessment across the visa streams is fairer families where a member is a person with a disability. These recommendations support changes so that:

• The theoretical cost of migration known as ‘significant cost threshold’ is modernised to reflect likely actual costs associated with disabilities or conditions. The committee also recommends that information on the costing methodology be made public.

• Where a person does not meet the new updated Health Requirement, some visas provide for a waiver to allow for the assessment of the social and economic contributions made by a prospective immigrant or their families.

• Families including skilled immigrants should not be unfairly disadvantaged under the Health Requirement as a result of a family member having a disability—the ‘one fails, all fail’ rule.

• For offshore refugee applicants who have a disability or other health condition, compelling and compassionate visa waivers are relevant considerations, including those applying on a family reunion basis.

• Australia’s migration legislation distinguishes between conditions which may impose a public health risk versus those linked to disability.


“By providing greater discretion to migration decision¬makers at the front end of the visa process, the Committee’s recommendations should reduce reliance on the Migration Review Tribunal and Ministerial discretion to resolve more difficult migration cases,” Mr Danby said.

“Overall, this will make for a more efficient, more transparent and more compassionate visa consideration process, in particular for people with a disability or people who have a family member with a disability. Equally it will also assist the national interest in preventing Australia losing key skilled workers who are unsuccessful or deterred in applying for migration because they have a disabled family member”.

For media comment, please contact the Committee Chair, Michael Danby MP, on (02) 6277 4520 or 0420503870.

For copies of the report and background information, please visit the inquiry website at http://www.aph.gov.au/house/committee/mig/disability/report.htm or contact the Committee Secretariat on (02) 6277 4560 or jscm@aph.gov.au. An html electronic version will be available from Monday 28 June.

MH

[Sheelagh Blanckenberg]

Hi Nick

As luck would have it George cannot take on our case - apparently there is a thing with our current agent...
We have now contacted our Federal Member of Parliament and have received so much support from him. Other than that we are at a standstill. We can opt to partake in the Medical Waiver process but that will only progress once NSW becomes a signatory state.
Do you perhaps have any words of advise for us?

Regards
Estelle


Hi Estelle

Unfortunately your son's condition is a problem and one which could jeopardise your chances of permanent residency because if the MOC determines he fails the medical criterion your, and your whole family's, visa application will be refused under the 'one fail, all fail" rule.

You and your agent need to be utterly proactive in handling your application going forward and by that I mean getting yourselves fully clued up on what the medical issue is all about and the hurdle you are facing.

The relevant Health criterion is Public Interest Criterion 4005. This says that if someone has a "disease or condition" that is likely to result in "significant cost" to Australia's healthcare or use of "community services" then the visa must be refused.

"Significant cost" is deemed to be $21,000 or more during the person's first 5 years as a Permanent Resident of Australia. This figure was determined in the late 1990s and although now hopelessly out of date it is still the threshold figure that is used.

"Community services" includes any special assistance required at school for example and is often one of the leading reasons for a child to fail the health criterion.

You need to find out as much information as you can about your son's condition and its treatment/outcome in Australia. You will also need to prep his doctors/specialists about what information the MOC/DIAC are wanting to see and why they wish to see it. A bald, bland statement from the doctor that your son's condition is not severe, or is manageable in the long term or any other such statement will not be sufficient. You/your agent will need to work closely with your medical specialist(s) in order to provide detailed reports which not only reflect your son's condition and prognosis but a detailed, specialist explanation of what the likely financial/community impact to Australia is likely to be. To do this properly and to maximise your chances of success you need to arm yourself with information.

A good place to start would be the Joint Standing Committee on Migration's "Inquiry into immigration treatment of disability". As mentioned in other posts on this sub-forum, the Joint Standing Committee on Migration has, since September 2009, been holding a Public Inquiry into the wider issues of Australia's migration health rules (http://www.aph.gov.au/house/committee/mig/disability/subs.htm). I suggest you read as much as you can about this enquiry, particularly the submissions made and more importantly, review the final report which was handed down yesterday.

I hope this helps. Good luck and please keep us posted.