Australia accused of discriminating against disabled migrants

Australia has form when it comes to its strict immigration policies. It had its own version of “stop the boats”, which sent people arriving by boat to offshore detention centres in Papua New Guinea and the Pacific Island of Nauru and made controversial headlines in recent years. It was only in the 1970s that it entirely rid itself of the “White Australia” policy that started in 1901 with the Immigration Restriction Act, which limited the number of non-white immigrants.

The disability and health discriminations, which also date back to 1901, are still in place, says Jan Gothard, an immigration lawyer: “We still treat people with disability in the same way as we did in 1901 and we think they’re not people who are welcome in Australia.”

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

Put simply, it doesn’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.

The government says that 99% of visa applicants meet the health requirement – 1,779 of them did not meet the bar between 2021 and 2022, according to official figures.

Immigration minister Andrew Giles, who declined to be interviewed, recently said , externalthat “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.

But families say that the process is gruelling at an already difficult time.