Government unmoved on 'ableist' immigration policy despite UN critique

Tuesday, 29 August 2023

Aucklander Juliana Carvalho has spent eight years fighting for residency. Now, she finally has it (video first published in September 2020).

An advocacy group has condemned the Government for missing an opportunity to address what it calls discrimination against disabled people in the immigration system.

Aotearoa’s progress under the UN Convention on the Rights of Persons with Disabilities (UNCRPD) was reviewed in September 2022, with a committee raising concerns about the acceptable standard of health requirements.

In order to be eligible to immigrate to New Zealand, all non-citizens and residents must meet an acceptable standard of health criteria, with each case assessed individually by Immigration New Zealand.

A person can be declined residency if they or someone in their family has a severe health condition or if health costs are likely to be over $81,000 over five years.

The committee recommended this policy be changed to remove disability discrimination.

Whaikaha – Ministry of Disabled People released a Cabinet paper last week revealing the Government is not planning to act on this recommendation.

Advocate Juliana Carvalho says it is shameful the Government is reluctant to change an immigration policy that disability advocates and the UN say is discriminatory.

“The Government response to the immigration recommendations does nothing about the serious human rights breaches caused by acceptable standard of health discrimination,” Migrants Against the Acceptable Standard of Health Aotearoa (MAASHA) spokeswoman Juliana Carvalho said.

'The Government has been explicitly recommended by international disability experts to work with disabled people and our organisations to end this systemic and publicly funded ableism.

'The response is shameful, unacceptable and immoral.'

The Government increased the significant-cost health threshold from $41,000 to $81,000 over five years in August 2022.

Immigration Minister Andrew Little says the immigration system must strike the right balance between fairness and opportunity in response to claims it discriminates against disabled people.

Immigration Minister Andrew Little said it is important the immigration system strikes the right balance between fairness and opportunity.

“Having a disability does not pre-determine whether a person has an acceptable standard of health under immigration health policy,” he said.

“The policy is about whether a person has been medically diagnosed with a condition that is deemed to impose significant costs on the country’s health or special education systems, rather than whether that condition is disabling.

“The acceptable standard of health provisions recognise that immigration does have an effect on the capacity of our health system, and this helps to manage this.'

Ministry of Business, Innovation and Employment (MBIE) spokeswoman Kirsty Hutchison echoed the minister’s stance on immigration health requirements.

”We’re mindful the acceptable standard of health criteria can be prohibitive for people who have substantial healthcare needs.

'The requirement is necessary for several reasons but is primarily required to ensure the applicant will not impose significant costs or demand on health or special education services during their time in New Zealand.'

Disability Rights Commissioner Prudence Walker says there is more work to be done to improve disability rights in Aotearoa.

Hutchison said waivers of the requirement to be of acceptable standard of health can be made in some cases.

'An immigration officer will consider the objectives of the visa category the applicant has applied under, the degree to which costs would be imposed, the applicant’s connection to New Zealand and the potential significance of their contribution,” she said.

The Government agreed to implement 51 of the 60 recommendations made by the UN committee to advance disability rights in Aotearoa last week.

Kaihautū Tika Hauātanga Disability Rights Commissioner Prudence Walker said she recognised the commitment made by the Government but highlighted there is still work to be done.

“We look forward to meaningful progress and, as emphasised by the committee in their report, we will be paying particular attention to progress against the recommendations on disabled people living independently in the community and having an adequate standard of living,” she said.