Welcoming Disability’s Proposed Terms of Reference, Review Process and Outcomes 

When the Minister announced a Public Review of the migration treatment of people with disabilities and health conditions, Welcoming Disability called for the following Terms of Reference, review process and outcomes.

Terms of Reference

  1. That the Review inquire into options for amendments to migration laws, including the Migration Act 1958 (Cth), Migration Regulations 1993, and associated Policy to ensure persons with disabilities and health conditions do not face discrimination in any of the application, formalities and procedures relating to migration and asylum.

  2. That in undertaking the review, the committee has regard to: 

    • the experiences of people with disabilities or health conditions, and their families, who have applied for consideration under the Migration Act 1958 (Cth), including but  not limited to the cost, timeliness, psychosocial implications and impacts on the health and wellbeing of people with disabilities and health conditions;

    • current policies and procedures that are applied by the Department of Home Affairs in assessing people with disabilities or health conditions, including the:

      1.  Migration Health Requirement Significant Costs Threshold test limits; and

      2. the inclusions and exclusions considered within these tests, most notably Special Education. 

    • Australia’s compliance with its international legal obligations under the United Nations Convention on the Rights of Persons with Disabilities and the United Nations Convention on the Rights of the Child;

    • options for removing the exemption in the Disability Discrimination Act 1992 (Cth) to the Migration Act 1958 (Cth);

    • options for removing Australia’s interpretative declaration regarding article 18 of the United Nations Convention on the Rights of Persons with Disabilities insofar as it concerns Australia’s health requirements for non-nationals seeking to enter or remain in Australia;

    • options for removing discrimination in the current pathways of appeal for visa applicants and for children born in Australia, who do not meet the Migration Act 1958 (Cth) requirements;  

    • identifying best practice international models for migration for people with  disabilities or health conditions, including comparative analysis of similar migrant receiving countries;

    • the findings of previous inquiries and reports, including:

      1. the report and recommendations of the 2010 Enabling Australia Inquiry into the Migration Treatment of Disability;

      2. the report and recommendations of the Disability Royal Commission, including in particular Recommendation 4.31

      3. the United Nations Committee on the Rights of Persons with Disabilities 2019 Concluding Observation on the combined second and third periodic reports of Australia;

    • any other related matters.

Review process and outcomes: 

  1. That the Review be undertaken by a committee. 

  2. That Review committee: 

    1. be independent (in fact and perception);

    2. invite public submissions;

    3. include people with disability and health conditions in the composition of the committee;

    4. co-design the Review’s recommendations in conjunction with people with disabilities and health conditions;

    5. engage in extensive consultation with the community and key stakeholders; including people with disability and health conditions impacted by these requirements; 

    6. publish submissions received publicly where the author/s give permission to do so; 

    7. be adequately resourced and supported;

    8. report to the Federal Parliament;  

    9. table the report in the Federal Parliament; and

    10. include a mechanism to enable follow up of approved Recommendations.