Federal Government moves to better protect children in Australia’s migration system
Welcoming Disability, a group supported by more than 100 organisations and experts, has commended the Albanese Government for a significant reform to Australia’s Migration System – Children born and ordinarily resident in Australia will now be exempt from discriminatory health-related criteria that would have made them ineligible for a visa
The Migration Regulations have been amended to introduce significant changes to the migration health requirements under the Migration Act 1958. This change comes off the back of significant advocacy by the Welcoming Disability campaign over a number of years.
Dr Jan Gothard, Welcoming Disability Migration Policy Advisor explained: “The Public Interest Criteria 4005 and 4007 have been amended so that a child visa applicant born and ordinarily resident in Australia is now exempt from certain health-related criteria that would previously have made them and their family members ineligible for a visa due to the potential cost of healthcare or community services. The change applies to visa applications made before or after 16th October 2024 and not yet finally determined, and is applicable to applications currently under merits review as well.”
“This reform was flagged in the Australian Government’s response to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disabilities and will create a fairer, more inclusive migration system for children born in Australia with disabilities or health conditions, ensuring that their families have equitable access to the visa process.”
Darryl Steff, CEO of Down Syndrome Australia said: “Families, who had already been making significant contributions to our communities over many years, were being told they may have to leave Australia after having a child born here with a disability or health condition. Not only was this policy unjust, it reinforced the stigma and discrimination that people with disabilities already face.”
Kerry Weste, Australian Lawyers for Human Rights Chair of Children’s Rights said: ”The treatment of children born and ordinarily resident in Australia with disabilities or health conditions has been inconsistent with Australia’s international legal obligations under both the United Nations Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.”
“This reform means children who have never known any other home than their Australian community will not be reduced to a number and families will no longer be subjected to the heartbreaking experience of having to prove their child’s worth as a human being in a process that is costly, unnecessary, time-consuming and, in its entirety, very cruel.”
Dr Gothard added: “It’s time for the Government to stop reducing people to a fiscal number and failing to acknowledge the value of the immense economic and social contributions that people with disabilities and health conditions and their families make throughout Australia every single day. The notion that people with disabilities or health conditions do not live full lives, contribute less to our society and are a net burden reinforces the widespread stigma and discrimination that they already face. This reform is a significant step in the right direction.”
Mr Steff concluded: “This is a big win for the Welcoming Disability campaign after years of hard fought advocacy. We look forward to continuing to engage with the Australian Government to progress the other changes necessary to ensure that Australia puts an end to discrimination within its outmoded migration health requirements. The Government must now act on remaining and long outstanding United Nations and Joint Standing Committee on Migration recommendations, as well as recent Disability Royal Commission Recommendations, all of which have called on Australia to review and remedy its discrimination against migrants with disabilities and health conditions.
To arrange an interview contact Louise Hall: 0428 212 833 or lh@jcp.com.au
Welcoming Disability is a joint civil society campaign established in 2020 by Australian Lawyers for Human Rights (ALHR) and Down Syndrome Australia and supported by over 100 legal, disability, health and human rights organisations and experts. The Campaign seeks review and reform of Australia’s migration health laws and policies to identify a way that a migration health requirement can protect public health without discriminating against adults and children with disabilities or health conditions.
Further information on this amendment and supporting policy settings can be found on the Home Affairs website at: Special consideration for children born and ordinarily resident in Australia that do not meet the health requirement (homeaffairs.gov.au).
The findings in the recently released Report on the Department of Home Affairs Review of Australia’s migration health requirement (MHR) fall well short of what is needed.
Welcoming Disability made 8 key recommendations in its submission to the Government’s recent Review of Australia’s Migration Health Requirement.