Disability advocates have banded together to say Australia must stop discriminating against migrants with a disability.
Former Disability Discrimination Commissioner Graeme Innes said the Migration Act meant the Department of Immigration could only look at the medical negatives of an applicant with a disability.
“Of course Australia should have the right to choose who becomes a permanent resident of Australia – I’m not advocating against that for a moment,” Mr Innes said.
“What I’m saying is that the law at the moment provides for a flawed choice because it only allows for the department to look at the negative aspects of disability, not the many contributions that we Australians with a disability make.”
A parliamentary inquiry made recommendations several years ago that the Act be amended to look at the positive contributions a migrant with a disability could make to Australian society, but governments on both sides of politics have failed to make the changes.
The threshold of the hypothetical cost imposed on Australia has been raised to $40,000, but the Act does not consider the benefit a migrant with a disability could make
"I would hope that Minister Dutton would have another look at his decision – taking into account the strong views that have been put forward by Australian society,” Mr Innes said.
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Blind Kenyan father ordered to leave Australia
The case of Siyat Abdi, a blind university lecturer who has lived in Australia for the past 11 years, has shown the spotlight on the legislation once more.
Dr Abdi is now an advocate for ethnic people with disabilities, but he has been ordered to leave the country after his sponsored visa application failed due to his blindness.
He has appealed the decision, but it will take up to nine months before he has a hearing.
He believes his appeal will fail because the law is clear in the majority of cases that applicants with a disability or other medical condition cannot be granted a visa.
“I’m very sure there are quite a number of people who are capable with a disability who have put a great contribution into society,” he said.
“To be put into that kind of a situation is really a big problem and that really needs to be changed.”
President of Blind Citizens Australia Greg Madson said the Migration Act needed to change to reflect a modern Australian society.
“The blindness in itself is not as bad as people think,” he said.
“People learn coping strategies, they learn skills to be able to cater for the lack of information, the lack of access to the built environment, and a lot of that stuff is improving.”
Immigration Minister Peter Dutton was approached for comment, but his Department has previously said the Migration Act does not consider the net benefit of a migrant.
“In assessing a visa applicant against the health requirement, a Medical Officer of the Commonwealth is required by legislation to take into account the health care costs and community services likely to be required by a hypothetical person with a condition of the same level and severity of the applicant,” a spokesperson said.
“This includes the need for medical, pharmaceutical and community services, including special education.”
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