Barriers and exclusions: The support needs of newly arrived refugees with a disabilityAsher Hirsch

Global picture: refugees with a disability

• Due to war, violence, and lack of adequate healthcare, refugees are more likely to have a disability

• Until recently, refugees with disabilities have not received significant research and advocacy focus

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International law

• Refugees with a disability have rights under CRPD, Refugee Convention and other human rights treaties

• Resettlement is not an obligation under the Refugee Convention, but rather a voluntary commitment from States

• However, discrimination in resettlement programs because of a refugees’ disability is violation of CRPD

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Australian law and policy• Until 2012, Australia’s

resettlement program discriminated against refugees with a disability.

• Migration Act 1958 is exempt from the Disability Discrimination Act 1992.

• Public Interest Criteria 4007 excluded people who would pose a ‘significant cost’ in the areas of health and community services

• Policy introduced in 2012 provided a waiver of PIC 4007 for refugees (but not for other migrants)

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2012 Changes more refugees arriving with a disability

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0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

0 to 4 5 to 9 10 to 14 15 to 19 20 to 24 25 to 29 30 to 34 35 to 39 40 to 44 45 to 49 50 to 54 55 to 59 60 to 64 65+

Need for Assistance, 2016 (ABS)

Skilled Family Humanitarian General Community

Barriers: on arrival support

• Lack of information from DHA to settlement organisations about needs prior to arrival

• Delays in medical assessments

• Delays in specialist support and equipment

• Lack of accessible housing

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Barriers: Accessing the NDIS

• Lack of support to navigate and apply for NDIS

• Lack of support to obtain specialist assessments

• Lack of knowledge about NDIS and available services, rights and entitlements

• Concept of ‘choice’ in a neoliberal service setting

• Very little interpreter support

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People seeking asylum and refugees on TPV/SHEV

• No access the NDIS

• No access to state based disability services

• No access to the Disability Support Pension

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Lack of available statistics

• “If we aren’t counted, do we count?”

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Recommendations Ensure accurate information transfers between services

Avoid settling people living with a disability in rural areas where needed services are not available

Give refugees priority access to support

Provide funding for immediate access to disability support aids

Ensure specialised disability support officers in settlement services

Provide appropriate housing for people arriving with a disability

Develop mechanisms to ensure full implementation of the NDIA CALD Strategy

Provide access to NDIS for refugees and people seeking asylum on temporary visas

Provide support to use the NDIS effectively

Provide information on the NDIS

Provide full access to interpreting services

Carers to be supported and included

Collect and use data to help plan better responses

Ensure the NDIS collects data on people from refugee backgrounds

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