Australia accused of discriminating against disabled migrants

It altered the lives of Luca’s parents in ways they had not anticipated when he was born in a hospital in Perth two years ago.

With the pleasure came a startling analysis: Luca had cystic fibrosis. Next Australia- Laura Currie and her husband Dante’s house for eight ages- said they could n’t remain forever. Luca, his parents were told, could be a financial hardship on the state.

” I think I cried for like a month- I really feel really, really sad for Luca”, Ms Currie says. ” He’s only a defenceless two- and- a- quarter- year- outdated and does n’t need to get discriminated against in that way”.

Australia has much seen itself as a “migration state,” a cultural hub for refugees who promises them a good move and a new start, with a third of its inhabitants being born abroad. The concept is baked into its personality. However, the reality is frequently unique, especially for those with a medical condition or a disability.

It is one of few countries that routinely rejects immigrants ‘ visas on the basis of their medical needs- specifically if the cost of care exceeds A$ 86, 000 ($ 57, 000, £45, 000 ) over a maximum of 10 years. New Zealand has a similar plan but Australia’s is far greater.

As necessary to reduce state spending and ensure the availability of care for citizens, the government supports the rules. It says these visas are n’t technically rejected. But neither are they granted. Some permits allow for a cancellation, but some do not. They may even challenge the choice, but the procedure is expensive and takes a long time.

Campaigners view this as being unfair and out of step with contemporary sentiments toward people with disabilities. And they are hoping for shift in the upcoming weeks, with an ongoing formal evaluation of the health needs in progress, after years of fighting for it.

Laura Currie and Dante Vendittelli had relocated from Scotland to work for a pressing need in Australia. She is a hospital professor and he is a painter- painter. Before Luca was born, they had begun applying for continuous internship. However, they now feel that the fees they paid have little to do with the life they built around.

” It’s like, we’re here for you]Australia ] when you need us, but when the roles are reversed and we need you, it’s like, nope, sorry, you cost too much money, you go back to your own country”.

Australia excels with its tight immigration laws. Its own edition of” stop the vessels” was used to transport people arriving by boat to offshore Papua New Guinea and the Pacific Island of Nauru, and it has recently caused contentious controversy. Only in the 1970s did it completely abandon the” White Australia” legislation that was instituted in 1901 with the Immigration Restriction Act, which severely restricted the number of non-white immigrants.

The illness and health inequalities, which even date back to 1901, are still in place, says Jan Gothard, an immigration attorney:” We however treat people with impairments in the same way as we did in 1901 and we think they’re not people who are encouraged in Australia”.

She is part of Welcoming Disability, an umbrella group that’s been pressuring the government to overhaul the law. Surprisingly, Australia’s Migration Act is exempt from its own Disability Discrimination Act.

Put simply, it does n’t matter how long you’ve lived in Australia, if you were born in Australia, if you have private health insurance or even if you can pay for the support yourself- if you are deemed too much of a financial burden, you will fail the health requirement.

According to official figures, 99 % of visa applicants meet the health requirement, and 779 of them did not between 2021 and 2022, according to the government.

Immigration minister Andrew Giles, who declined to be interviewed, recently said that “any child born in Australia and adversely affected by the migration health rules can apply for ministerial intervention”, and that he himself had “positively intervened” in cases.

Families contend that the procedure is exhausting given how challenging the time is already.

” There’s so much in your life going on when a child is sick, so much struggle and you’re struggling and begging and asking for petitions, asking people to help you”, says Mehwish Qasim, who knows the challenge first- hand. In a case that attracted attention from all over the world, she and her husband Qasim fought to stay in Australia.

Their son Shaffan was born in 2014 with a rare genetic condition and spinal cord injury. He needs around- the- clock care. The couple, originally from Pakistan, intended to return eventually, but Shaffan’s birth changed everything. Now, getting on a plane would risk his life.

Finally, in 2022 they were told they could stay. For those eight years, Qasim, a trained accountant, was unable to work in his chosen profession. Instead, he found jobs in cafes, in supermarkets and taxi apps to make ends meet.

” They should realise that’s a very difficult situation- you should n’t put people in the limelight”, Ms Qasim says.

Ms. Currie and her husband continue to work as they do because Australia is now home for Luca and they are hiring people who the nation needs. They’re hoping that is enough to win them their appeal. If they lose, they will have 28 days to leave the country.

For Luca, the sticking point is a pricey drug, Trikafta. He may not even be compatible with it because of it. However, it serves as the basis for Australian estimates of his treatment, which is around A$ 1.8 million, which places his medical expenses above the permitted amount of A$ 86, 000 over ten years, also known as the Significant Cost Threshold.

While campaigners have welcomed the recent rise of the threshold- from A$ 51, 000 to A$ 86, 000- they still do n’t think it reflects average costs.

The government’s own data shows it spends at least$ 17, 610 per year on the average citizen- the most recent figures from 2021- 2022 showing$ 9, 365 per head on health goods and services and a further A$ 8, 245 per person on welfare costs. This would total more than A$ 170,000 over a 10-year period, the longest period permitted for a visa. Campaigners have therefore questioned how the government came up with the half-amount threshold.

Additionally, they want to be taken into account the cost of educational support. This has an impact on families whose children have been given diagnoses like autism, ADHD, and Down syndrome.

It’s a snag that has hampered Claire Day’s plans for her and her family to move to Australia after her brother moved a few years ago.

Her younger daughter Darcy, who is nearly 10, has Down Syndrome. Migration experts have informed her that because of this, she has little chance of receiving a visa.

She talks wistfully about the life she is looking forward to Down Under on an overcast afternoon in Kent. Sunshine is no small attraction, but also” the lifestyle-] I want ] a better environment for the children to grow up in”, she says.

She has worked for the Metropolitan Police in London for 21 years, and she wants to profit from an Australian police force’s major recruitment campaign. Their social media profiles are full of promotional videos featuring former British police officers that depict them living the Australian dream, playing sand buggies on the beach, and relaxing in the surf. They make up just some of the 30, 000 British people who moved to Australia last year, according to government statistics.

Ms Day has not one, but two job offers- from Queensland’s police force and from South Australia. As part of the job, she’s also entitled to a permanent visa. Now, she is not so sure.

” I had hoped that it would n’t be an issue because Darcy does n’t have any medical problems. She’s fit and she’s healthy, she goes to school and she participates in clubs and all of that sort of stuff”.

Stories like this have convinced campaigners that, at its heart, the policy is ableist.

” If we say to people with disability,’ you’re not welcome here, we’re saying directly to people living with disability in this country,’ you’re not welcome here either”, Dr Gothard says.

” ]We’re saying ] you know, given the opportunity, we would rather not have you”.

Social worker Shizleen Aishath claims she was shocked to learn about the health requirement and that she had to do it the hard way.

She left the UN and made the decision to study in Australia later that year with no intention of going back. However, she had an emergency C-section when Kayban’s son was born in 2016. Forceps were used during the delivery. Kayban experienced a severe brain bleed and undiagnosed haemophilia. The family chose to remain in Australia because he now requires round-the-clock care.

Despite the fact that the family uses state funds and has private health insurance, Kayban was denied a temporary visa because he was deemed too burdensome. The rest of the family received visas for them.

” Disability is the only thing that stops you from migrating, there is nothing else”, Ms Aishath says.

After a lengthy appeal, Kayban was allowed to remain. His family is now getting ready for their upcoming fight, which will be an indefinite stay in Australia.