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DISABILITY-RESEARCH  April 2001

DISABILITY-RESEARCH April 2001

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Subject:

Re: Australian Immigration Rejects Family as daughter has disabil ity -Father sets himself alight

From:

Erik Leipoldt <[log in to unmask]>

Reply-To:

Erik Leipoldt <[log in to unmask]>

Date:

Thu, 5 Apr 2001 20:06:45 +0800

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (350 lines)

Paul,

And how do you suggest such an assessment of cost and contribution be made?
And what 'facts' should/does the dept. use? How would an immigration dept.
of Stephen Hawkins have shaped up if he had acquired his disability at a
young age and his family had applied to emigrate?  With reference to using
'facts' I have known of an instance where the dept. misdiagnosed a German
girl as having an intellectual disability and of a Vietnamese boy with Down
Syndrome as presenting unacceptably high costs to the community on the basis
of future use of a raft of unrealistic segregated and medical services.
Seems there are huge assumptions being used here.  And how do we measure
contribution? Only by the financial bottom line?  And do we take account of
the suffering caused to families, seperated  simply because one of their
members is considered a burden? And what of the impact on the moral fabric
of a society which is taught disability is a burden for the tax payer.   No
I do not think it is reasonable for a country to assess cost/contribution in
the way Australia does this.  I don't know all of the answer either other
than to suggest that we drop the exclusive use of the economic bottomline
for something that also takes account of intrinsic human value and
relationships.Further, rich countries such as mine should shoulder far more
responsibility for aiding a more equitable and just situation in other, less
well-off countries than they do now.

Below a copy of my Letter to The Editor of The West Australian Newspaper:

The Editor
The West Australian

5.4.01

Dear Editor,

The Immigration Dept. heartlessly refused entry to the family of an
immigrant from Pakistan, who desperate at the Dept's delays over five years,
set himself on fire at Parliament House.  The reason for the refusal was the
cost to Australia presented by the disability of this man's daughter.  Lets
stop this bureaucratic bumbling
and interference in the lives of people who have equal intrinsic worth to
anyone else - or so our own disability legislation declares.

To protect perceived Australian economic interests at a cost of great
suffering such as has occurred now, and is continuing for many other
families, is morally reprehensible and un-Australian. More
compassionate approaches in dealing with refugees are called for and the
Immigration Act needs urgent amendment to remove the discriminatory
cost-benefit clause for people with disabilities.  What message does this
selection of non-disabled immigrants give to Australians with disabilities?
What kind of society are we creating by having regard for nothing more than
the bottom line?

Erik Leipoldt


----- Original Message -----
From: Curry, Paul <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, April 05, 2001 6:54 PM
Subject: Re: Australian Immigration Rejects Family as daughter has disabil
ity -Father sets himself alight


> Glenn raises an important issue when he talks about people being refused
> admission based on the prejudices around disability. Surely it is not
> unreasonable for a state to assess, using facts rather than assumptions,
if
> a person seeking admission is going to actually use more resources than
they
> are likely to contribute and make a decision based on that (where there
are
> not human rights violations or political asylum issues against the
specific
> individual to consider) . The refusal of admission based on assumptions
> about a person's disability is a disability issue not the general right to
> refuse admission because a person is disabled.
>
> Paul
>
> > ----------
> > From:         Smith, Glenn[SMTP:[log in to unmask]]
> > Reply To:     Smith, Glenn
> > Sent:         05 April 2001 11:41
> > To:   [log in to unmask]
> > Subject:      FW: Australian Immigration Rejects Family as daughter has
> > disabil ity -Father sets himself alight
> >
> > Dear All,
> >
> > the inability for disabled people and people with a chronic illness to
> > move
> > freely to other countries - whether to live or visit - has been going on
> > for
> > too long and needs to be tackled. One only has to wander around Ellis
> > Island
> > in the states to see how historically engrained this is. This is pretty
> > ironic when people, for example, President Kennedy with Addison's
disease
> > would have been turned away had he arrived at Ellis Island. This form of
> > discrimination can take many forms from the obvious to the more subtle
> > expense of insurance schemes. It is often formed on the prejudice that
> > disabled people are more costly - when often this is not the case - and
> > cost
> > in terms of human difference should not be based on taxpayer economic
> > arguments.
> > Glenn.
> >
> >
> >
> > -----Original Message-----
> > From: Minae Inahara [mailto:[log in to unmask]]
> > Sent: 05 April 2001 04:50
> > To: [log in to unmask]
> > Subject: Re: Australian Immigration Rejects Family as daughter has
> > disability -Father sets himself alight
> >
> >
> > Dear Frank and all,
> >
> > I have been feeling down since I heard this news from another mailing
> > list.
> >
> > I know that immigration issues are very complex.  Whenever I have to do
> > some paper work for a student visa, i have a fear of being rejected.  I
> > am an overseas student at the University of Newcastle, in Australia.  I
> > would love to share my personal story in regarding to immigration
> > issue.
> >
> > I have cerebral palsy (speech difficulty). My dream from childhood was
> > to study in other countries.  I first came to Australia (Sydney) in 1992
> > in order to look for a place to study.   Then, I came again to Newcastle
> > to do my English language course for 6 months in 1993, then went back to
> > Japan for holiday.  However, when i applied for a student visa for 3
> > years (my BA), I had a huge problem.  (I almost gave up on my dream.)
> >
> > When we apply for a student visa, we all have to do medical examinations
> > in our own countries.  I went to the hospital in Osaka which Australian
> > embassy selected at the time.  However, the doctor did a wrong diagnose
> > to my cerebral palsy.  He wrote 'left-side paralysed'.  Well...
> > honestly, I am left-handed.   (Of course, I could not see the medical
> > document there.)  Then a few week later, the embassy sent a letter to me
> > saying my application was rejected due to my health condition.  I asked
> > them details for it.  Then, they showed me the medical report from a
> > Japanese doctor.   They recommended to see another doctor in Kobe, and
> > she wrote a letter to embassy officer.  Then finally the embassy and
> > health department replied to me and asked my parents to take video on
> > me.    Also, Newcastle university supported me a lot.  (I do understand
> > my case was very difficult because I was planning to live without family
> > supports.)
> > It was terrible for my family and me to face this situation.   I
> > realized that what the authority could do for me...  it could destroy my
> > dream and life.
> >
> >
> > I wonder why... this little girl cannot be with her family...
> >
> > Also, I think this kind of issues is all over the world.  I love
> > travelling alone, even though i have many difficulties.  Last December,
> > I visited my best friend in England (from this mailing list).  Heathrow
> > was too big.  Anyway, when i went through the immigration (custom) at
> > the airport, the officer asked me a personal question about my
> > disability.  and why I was travelling alone.  Gee... give me a break!  I
> > was so lucky, because my friend picked up me at Heathrow.  (Thank you,
> > michael...)
> >
> > Just a thought,
> >
> > Thank you
> > Minae Inahara
> >
> >
> >
> > Frank Hall-Bentick wrote:
> > >
> > > Friends & Colleagues,
> > >
> > > Please register your disgust at this discrimatary Policy by Australia
> > > Immigration Officials that has led to this tragic outcome.
> > >
> > > Also please circulate to other lists.
> > >
> > > Phillip RuddockMinister for Immigration
> > > mailto:[log in to unmask]
> > > or http://www.minister.immi.gov.au/general/contacts.htm
> > >
> > > Senator Meg Lees Democrats
> > > mailto:[log in to unmask]
> > >
> > > Senator Chris Evans Opposition Spokesperson for Disability Services
> > > mailto:[log in to unmask]
> > >
> > > Withholding hope from refugees
> > > Melbourne "Age" Editorial
> > >
> > >                   Thursday 5 April 2001
> > >
> > >                   In 1996 Shahraz Kayani from Pakistan was granted
> > > asylum in Australia.
> > >                   He was allowed to stay after the authorities
assessing
> > > his case were
> > >                   satisfied that he fulfilled the provisions of the
> > > humanitarian program. But
> > >                   although Mr Kayani had been granted residency in a
> > > stable democracy,
> > >                   his troubles were far from over. His application for
> > > his wife and three
> > >                   children to join him under the program's "split
> > > family" provisions was
> > >                   denied because one of the children is disabled and
it
> > > was deemed that she
> > >                   would place too great a burden on the taxpayer. The
> > > Commonwealth
> > >                   Ombudsman intervened and a new application was made
> > > last September
> > >                   but, on Monday, the wait had been too long and too
> > > painful for Mr
> > >                   Kayani. He went to Parliament House in Canberra,
> > > doused himself in
> > >                   accelerant and set himself alight. His burns are so
> > > severe that his chances
> > >                   of survival are considered to be slim but, even so,
> > > Immigration Minister
> > >                   Philip Ruddock has said that decisions in the Kayani
> > > case "are not going
> > >                   to be determined under duress".
> > >
> > >                   But what will make the government pay attention to
the
> > > plight of the
> > >                   Kayanis? Five years is a significant proportion of a
> > > child's life, and too
> > >                   long for a father to wait to be reunited with his
wife
> > > and children. It was
> > >                   reasonable for Mr Kayani to expect that if he was
> > > eligible for asylum in
> > >                   this country, his immediate family would be too.
Many
> > > asylum seekers are
> > >                   driven by a desire to provide a better life for
their
> > > children. Mr Kayani
> > >                   was in a more desperate situation than most because
of
> > > his daughter's
> > >                   disability. According to the logic of the heart,
such
> > > a situation calls for
> > >                   prompt and compassionate action, but immigration
> > > officials, implementing
> > >                   a policy driven chiefly by concern for the bottom
> > > line, decided that the
> > >                   disability meant that no more help would be extended
> > > to the Kayanis. This
> > >                   is cruel and discriminatory, reflects badly on
> > > Australia and has had a
> > >                   devastating effect on the Kayanis. Relatives of the
> > > Kayanis have now
> > >                   offered to pay for the disabled daughter's medical
> > > costs and are
> > >                   concerned that the family will be punished further
> > > because of Mr Kayani's
> > >                   action. "We did want to make clear that what
happened
> > > to Mr Kayani
> > >                   was not done in a deliberate act of trying to create
a
> > > problem," said Victor
> > >                   Rebikoff, a family representative.
> > >
> > >                   Australian officials have been so intent on
> > > discouraging asylum seekers
> > >                   from queue jumping that they have come to resemble
> > > those Dickensian
> > >                   villains who delight in punishing the needy and
> > > tormenting the vulnerable. A
> > >                   plastic surgeon has said that if Mr Kayani survives
he
> > > will be "horribly,
> > >                   horribly scarred". The pity of it is that, if the
> > > government had dealt with his
> > >                   case swiftly and with compassion, his suffering
could
> > > have been avoided.
> > >
> > > http://www.theage.com.au/news/2001/04/05/FFXAPIIY3LC.html
> > >
> > > http://www.theage.com.au/opinion/2001/04/05/FFXHHHIY3LC.html
> > >
> > > Thanks.
> > >
> > > Frank Hall-Bentick
> > > President
> > > Disability Australia Ltd
> > >
> > > ________________End of message______________________
> > >
> > > Archives and tools for the Disability-Research Discussion List
> > > are now located at:
> > >
> > > www.jiscmail.ac.uk/lists/disability-research.html
> > >
> > > You can JOIN or LEAVE the list from this web page.
> > --------------------------------------------------------------
> >
> > Minae Inahara
> >
> > Ph.D. Candidate and Online tutor,
> > Department of Sociology and Anthropology
> > The University of Newcastle
> > Callaghan, NSW, 2308
> > Australia
> >
> > ________________End of message______________________
> >
> > Archives and tools for the Disability-Research Discussion List
> > are now located at:
> >
> > www.jiscmail.ac.uk/lists/disability-research.html
> >
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> >
> > ________________End of message______________________
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> > are now located at:
> >
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> >
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>
> ________________End of message______________________
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> Archives and tools for the Disability-Research Discussion List
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