Disability Discrimination and Immigration

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In the area of immigration blatant disability discrimination occurs on an ongoing basis as the Migration Act is exempt from the Disability Discrimination Act (section 52). In reality, this means that while disability discrimination is usually illegal when perpetrated in Australia, it is a condoned, standard practice for Department of Immigration and Multicultural Affairs (DIMA) officials when dealing with potential migrants and refugees with disability.

There are many different categories under which people try to enter Australia. Within some of these categories the fact that someone or someone's family member has a disability is offset against the value a potential migrant or refugee (and his / her family) is thought to have for the Australian community. Below is a table of some of the main categories, what they mean in general and what they mean if the person has a disability:

The Minister for Immigration can use his discretionary powers under Section 417 of the Migration Act to allow migrants and refugees with disability to enter. While this may demonstrate that the Minister is capable of showing humanity and compassion, it also demonstrates that the current system simply does not work for people with disability.

What does this system do to people with disability and their families?

This system separates people with disability from their families

In the year 2000, Shazad Kayani, an Australian Citizen from Pakistani background, doused himself in petrol and set himself alight in front of Parliament House, Canberra and died as a result. He had been waiting six years to bring his family, including his daughter who has a disability, to Australia. Since 1995, after arriving on a Visitor Visa and applying and being granted refugee status, Mr Kayani had tried to reunite with his family. All his efforts had come to nothing, largely because his daughter with the disability is considered to be "too much of a drain on the health system" with costs estimated to be around $750,000 over the girl's lifetime. (News Limited, 4.4.01)

This system frustrates people with disability and their families and puts their lives on hold

After living for four years in the care of an aunt in her country of origin, Gabrielle (16) who has Autism, came to Australia on a Visitor Visa in 1995 to join her family. Almost 10 years ago her family came to Australia after all family members, except Gabrielle, had been granted Permanent Residence. The family tried everything and further applications and appeals were all unsuccessful. However, Gabrielle has now been in Australia on a Visitor Visa for six years.

This system puts the lives of people with disability and their families at risk

Xiang's baby girl was born with an intellectual disability almost two years ago. Xiang had come to Australia three years ago on a Student Visa and began a de-facto relationship. After the birth of her daughter, Xiang applied for refugee status for herself and her baby (fearing persecution because of her child's intellectual disability and their ethnic minority status). Because of their status they receive no services and depend on charity for survival.

This system is compounding the effects of a disability

Mr. and Mrs. Choudhry and their four year old son Kamal came to Australia 3 years ago to seek early intervention support for Kamal who sustained a brain injury at birth. When a racially-based civil conflict broke out in their country they applied for Permanent Residence in Australia but were rejected. Fearing for their lives (because of their ethnic minority status) they applied for Refugee status. As their country of origin froze all their assets, they applied for and were granted an Interim Working Visa. While waiting for a decision they are working and managing quite well. But because of the family's residence status, Kamal cannot access any of the services available to other people with disability.

NB: while the facts are true, some details of the above stories have been changed to protect the identity of the people involved.

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