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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:

"Curry, Paul" <[log in to unmask]>

Reply-To:

Curry, Paul

Date:

Thu, 5 Apr 2001 13:47:03 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (442 lines)

Erik,

There's a  lot there to try and answer, and, like you I don't have the
answers, but the basic point I was making is that states have to have the
right to refuse entry and economics may, justifiably, be one bottom line.
Otherwise where does it stop, unrestricted migrancy based on the
availability of medical treatment, or benefit levels or subsidised
employment opportunities? Disability should never a seen or taught to as a
burden for tax payers but it has to become the responsibility of tax payers
who may see a reduction in their own services as a result and the potential
for knock on anti-disability feeling is something that we should be aware
of. Contribution to a society is not about cost, of course, there are many
people contributing in kind or through intellectual or emotional means to
the fabric of the society they live in and that has to be encouraged but
whilst Stephen Hawkins' contribution may not have been so obvious as a child
his families ability to contribute would be and if they were unable to
contribute but there was no disability issue would this discussion be
happening through this mailbase? This is why I suggested that refusal in
itself is not a disability issue. And whilst I would agree that the richer
countries have a responsibility to provide an equitable and just situation
that also has to apply to the people who are already there as well as the
people seeking to join.

Hope this adds something

> ----------
> From:         Erik Leipoldt[SMTP:[log in to unmask]]
> Reply To:     Erik Leipoldt
> Sent:         05 April 2001 13:06
> To:   [log in to unmask]
> Subject:      Re: Australian Immigration Rejects Family as daughter has
> disabil ity -Father sets himself alight
>
> 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
> > >
> > > You can JOIN or LEAVE the list from this web page.
> > >
> > > ________________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.
> > >
> >
> > ________________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.
>
> ________________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.
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