United Nations blasts HIV tests on asylum-seekers

Submitted by skumar1 on Fri, 29/01/2010 - 22:06

THE UN High Commissioner for Refugees has attacked as "discriminatory" Australia's policy of screening asylum-seekers for HIV. The regional office of the UN agency wants Australia to scrap its health requirement for refugees. "The present operation of the health requirement is discriminatory in effect and endangers a number of human rights norms," it says in a submission to a parliamentary inquiry into Australia's treatment of disabled migrants.

"To that extent, Australia presently falls short of its international obligations. "
The UNHCR says Australia's health rules effectively bar any refugee found to have HIV or AIDS, unless the Immigration Minister grants a waiver. "Although the waiver is theoretically available, UNHCR's experience in practice suggests that it is very rarely granted," it says.

Under Australian law, any would-be immigrant with active tuberculosis is banned from entering the country, even on compassionate grounds. But some applicants -- generally the partners of Australian citizens -- may be allowed into the country even if they fail a health test, on compassionate grounds.

The Australian revealed yesterday that taxpayers would spend nearly $60 million on healthcare for 288 migrants granted "health waivers" last financial year. These included 59 cases of HIV infection, 10 of cancer and 26 of intellectual impairment.
The Immigration Department knocked back applications from a further 1586 would-be immigrants who failed health tests -- at an estimated saving to taxpayers of $70m.
The department has recently extended the waiver so it can be applied to some skilled foreign workers and their families. But a spokesman for the department yesterday refused to say whether any waivers had yet been granted for skilled permanent migrants.

"(Statistics) are not readily available and it would be an unreasonable allocation of resources to source them," he said. The spokesman said the health waiver was not a "loophole". "There has been no policy change or shift," he said. But he confirmed that all states and territories, except NSW, had agreed last year to extend the waiver to certain categories of skilled-worker visas.

"As the various states and territories sign on, should some (applicants) fail the health requirement there is the option for a health waiver to be considered," he said.

Natasha Bita, The Australian, 29 January 2010
Posted from http://www.theaustralian.com.au/news/nation

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FYI: Same story, another view...

Migrants with HIV, cancer allowed to settle
Chronically ill foreign workers and their families, including those with HIV-AIDS, will be allowed to settle in Australia for the first time as the Immigration Department loosens its stringent health rules to alleviate the skills shortage.
The department is widening a loophole that lets it waive the health requirement for some sick dependants of Australian citizens. Taxpayers will spend nearly $60 million on healthcare for 288 migrants granted special clearance last financial year to live in Australia, despite failing health exams. These included 59 cases of HIV infection, 10 of cancer and 26 of intellectual impairment.
Most of the waivers were granted to the foreign partners of Australian citizens.
Now the federal government wants to widen the health loophole in a bid to lure skilled immigrants who otherwise would be turned away on the grounds of illness, mental health or chronically ill family members.
But NSW -- the strongest magnet for new migrants -- has so far refused to sign the change, which requires state and territory agreement because of the potential drain on their hospital systems.
In a submission to a parliamentary inquiry into Australia's treatment of disabled migrants, the Immigration Department warns that removing health restrictions could strain health services already in short supply, such as organ transplants or dialysis.
"Additional migration, particularly if current health restrictions were to be removed, could lead to increased pressure on healthcare systems," it says.
"Any significant change to the current health requirement would need to be considered in the context of potential impacts on health and welfare expenditure . . . particularly in terms of prejudice to the access of . . . citizens and permanent residents to healthcare and community services."
Departmental data reveals that 42 health waivers were granted to foreign workers on temporary skilled visas during 2008-09.
The department plans to extend the waivers to workers seeking permanent residency, and those who have set up businesses in Australia.
Health bans were lifted last financial year for 138 temporary immigrants seeking to remain in Australia -- at a total cost to taxpayers of $19.5m in health and community services. Another 150 immigrants who applied offshore were granted waivers, at an estimated cost of $38.2m.
HIV was the most common health condition, involving 59 cases at a cost of $14m, with 26 cases of intellectual impairment at a cost of $1.2m, and 10 cases of cancer, at a cost of $751,500.
The department knocked back applications from another 1586 would-be migrants who failed health tests -- at an estimated saving to taxpayers of $70m.
Federal parliament's migration committee began inquiring into Australia's treatment of disabled migrants after Immigration Minister Chris Evans intervened in 2008 to grant permanent residency to a German doctor whose son had Down syndrome.

http://www.theaustralian.com.au/news/nation/migrants-with-hiv-cancer-all...

Submitted by Moderator on Sat, 30/01/2010 - 16:24.