Terms Of Reference For Migration And Disability Inquiry Announced

Media release


Senator Chris Evans
Leader of the Government in the Senate
Minister for Immigration and Citizenship

The Hon Bill Shorten
Parliamentary Secretary for Disabilities and Children's Services


042.09


15 May 2009

Terms of reference for migration and disability inquiry announced

The Minister for Immigration and Citizenship, Senator Chris Evans, and the Parliamentary Secretary for Disabilities and Children's Services, the Hon Bill Shorten, today announced the terms of reference for an inquiry relating to the health requirement in the Migration Act.

The Joint Standing Committee on Migration will investigate the assessment of the health and community costs associated with a disability as part of the health test undertaken for visa processing.

The specific terms of reference are:

1. Report on the options to properly assess the economic and social contribution of people with a disability and their families seeking to migrate Australia.

2. Report on the impact on funding for, and availability of, community services for people with a disability moving to Australia either temporarily or permanently

3. Report on whether the balance between the economic and social benefits of the entry and stay of an individual with a disability, and the costs and use of services by that individual, should be a factor in a visa decision.

4. Report on how the balance between costs and benefits might be determined and the appropriate criteria for making a decision based on that assessment.

5. Report on a comparative analysis of similar migrant receiving countries

Senator Evans and Mr Shorten asked the committee to look at the effect of the regulations on people with a disability applying for permanent visas for Australia after being alerted to the case of Dr Bernhard Moeller and his family last year.

The family's application for permanent residency was refused by the department and upheld on appeal by the Migration Review Tribunal after a Commonwealth medical officer assessed that Dr Moeller's 13-year-old son Lukas would incur significant public health and community care costs due to his Down Syndrome.

Senator Evans was then asked to intervene and granted the family permanent visas
because of the valuable contribution they were making in their local community.


Senator Evans said the family's case highlighted concerns that the health requirement only considers the estimated cost to the public health system along with state-related costs such as special educational needs and community care and does not recognise a person's ability or what they can contribute to the community.

Mr Shorten said it was important that immigration policies did not adversely impact on people with disabilities.

"People with disability are capable of making important contributions to the Australian workforce and general community," Mr Shorten said.

"I welcome this inquiry as a chance to highlight this contribution and the need for an immigration policy that recognises the rights of people with a disability and their carers to be treated fairly."

The committee, chaired by Michael Danby MP, will call for submissions and begin hearings within the coming months.

Media Contacts:
Simon Dowding
(02) 6277 7860 or
0411 138 541 (Senator Evans)

Ben Ruse
(02) 6277 4778 or
0407 030 808 (Bill Shorten)

SOURCE: Minister for Immigration and Citizenship & Parliamentary Secretary for Disabilities and Children's Services