My letter to @thewestaustralian is reproduced here:
7/03/2023
Can I take this opportunity to thank the correspondents who wrote to this newspaper yesterday and indicated their support of the Aneesh family in attempting to get permanent residency here in Australia? As you will recall, the visa was being denied because their son Aaryan was considered to be a “burden” to the taxpayer because of a mild intellectual disability and Down syndrome.
I have been acting on behalf of the family in attempting to get this visa issued. Any assistance by way of correspondence is always appreciated. However, I do need to put some context around this particular issue. This piece of legislation has been in the Migration Act for many years. It was first introduced in 1901. It was later amended in 1958. The purpose of this legislation was essentially to keep certain prescribed contagious and infectious diseases off our shores. The later amendments removed reference to prescribed conditions.
Krishna and Aneesh’s case is not new. I have personally attended to many of these cases (over 20) in the last few years. The process that needs to be followed is cumbersome, expensive and considerable harrowing. It is anxiety inducing for the family and it is played out regularly in judicial settings.
The application of this legislation is clearly in breach of the United Nations Conventions on the Rights of Disabled Persons. We are proud signatories to that convention. What we have been urging governments of all persuasions to do is to repeal this immigration legislation and start addressing the human rights of people through their various acts. At the very least we recommend that as a starting point they review the calculation of the cost to the taxpayer brought about the provision of services to the person with disability. Once that is done, we suggest that the government offsets against that cost the tax that is paid by the family. In Krishna and Aneesh’s case that calculation would result in a net zero cost to the taxpayer. This would be a fairer outcome.
I urge all readers to raise this with their member of Parliament and bring about meaningful change in a human rights context in this country.
Suresh Rajan
