Australian government shuts doors to a disabled child
Father appeals for support
By Terry Cook
9 February 1999
When Sunil Dixit applied in 1996 for an Australian immigration visa for himself, his wife Shivi and his six and half-year-old daughter, Sonum, he did not suspect that he would soon be engaged in a fight against discrimination and racism.
Both he and Shivi were born in India but are presently residing in the United States. Dixit, a certified public accountant, and his wife, a registered nurse, have professional qualifications that are recognised in Australia. They believed it would only be a matter of time before their application was approved.
But early the following year they were informed by the Australian Consulate General in Los Angeles that their application had been denied. The reason given was that Sonum, who has spina bifida, would be eligible for a disability allowance and would be a burden on the Australian government and community.
Even though Dixit demonstrated that his daughter only has a mild case of spina bifida, lives a normal life, attends a regular school, plays sport and would not require assistance, the immigration authorities persisted in denying his family a visa.
Even if medical assistance were required, estimates by medical experts, in Australia and overseas put the cost of treatment at between $538.40 and $936.80 a year.
While the Dixits maintain that their daughter would not require government aid, this should not be the issue. Her exclusion on the basis of disability is highly discriminatory. Even if Sonum were severely disabled she should have the basic democratic right to live in any country of her choosing, with full access to medical treatment.
The grounds for refusing the visa reveal the underlying logic that is more and more determining the policies of the government in all areas, including social welfare, education and health. Those who cannot directly produce and generate revenue--the invalid, the aged and the unemployed--are viewed as a "burden," to be abandoned.
Since being refused a visa Dixit has waged a campaign to have the decision reversed. He has written numerous appeals to the Australian authorities and to politicians only to run up against a brick wall of evasion and bureaucratic indifference. He has also written extensively to the United Nations High Commissioner on Human Rights.
The World Socialist Web Site spoke to Sunil Dixit last week.
"When I received the letter from the Australian Consulate in September 1997 refusing a Migrant Visa on the grounds of my daughter's health I was shocked. I did not expect this discrimination. I was not aware of the fact that Australia had a 'whites only' policy up to the mid-1960s. It is disgusting that a country like Australia discriminates against non-whites and the disabled.
"Since then I have waged a long campaign both to gain a migrant visa and to expose the discriminatory policy of the Australian government. I have written letters to the Australian Prime Minister John Howard, the Governor General, the leader of the Labor Party opposition, the Foreign Minister Alexander Downing, the Minister for Immigration Philip Ruddock and many other members of the government.
"I filed a complaint with the Human Rights and Equal Opportunity Commission (HREOC) in Australia but was told that it could not investigate disability discrimination complaints because immigration decisions are exempt from the 1992 Australian Disability Discrimination Act. Under the law, the HREOC has no authority to investigate individual complaints alleging Human Rights abuse either.
"I also filed a complaint with the Commonwealth Ombudsman. I was informed that there was no scope for review or appeal under the law. I filed a complaint with the Migration Committee of the Australian Parliament, only to be informed that the committee does not take action on individual matters.
"I wrote to the Human Rights Sub-Committee of the Australian Parliament but was informed that this sub-committee does not investigate individual complaints alleging human rights abuse.
"A response from Mr Ed Kilesteyn the First Assistant Secretary, Migration and Temporary Entry Division had a minute attached that read: 'With regard to the costs ... the family would be eligible to receive a child disability allowance (currently about $1,950 a year) until she reaches the age of 16 years.
"Mr Kilesteyn claimed that my case had been reviewed 28 times 'by many (and senior) officers and medical professionals'.
"A system has to be deaf and blind if all 28 times Australian government officials could not figure it out that my daughter does not qualify for a Child Disability Allowance. They missed the point 28 times, that is a joke.
"It is very important to note that the Australian Government claims that reviews of my case took place because in reality the laws prohibit all reviews and appeals. I had to apply for a migrant visa under the category 'Independent' because I have no relatives or sponsors in Australia. I have found out that there are absolutely no rights to appeal under this category, before any authority, tribunal, court or anyone else. Unlike some other categories of migrant visas there is no scope for waiving health requirements either.
"I was even willing to sell all my assets and take this matter to the Australian High Court. A prominent Australian barrister has recently advised me that it is not possible to take this matter to the High Court because no lower courts have jurisdiction.
"I feel that the entire process is slanted towards very wealthy people. An Australian migrant visa can be bought by anyone with A$500,000. Race is also a key factor in this matter. If my daughter were white, I am sure Philip Ruddock would have viewed my appeal more favourably.
"After making hundreds of phone calls and sending letters to Australian politicians, I have learned that the Australian Government and opposition is deaf. They have no respect for the rights of the disabled, of children and of immigrants. The Australian Government has been fooling the world for too long now. Its policies are highly discriminatory, racist and an abuse of human rights.
"The Australian migration laws and regulations are in violation of the United Nations Declaration on Human Rights, and the Rights of the Disabled, and the International Covenant on Civil and Political Rights. Australia has signed these treaties. These treaties have the effect of Australian law, which the Australian Government ignores.
"The courts are closed to me, the government is ignorantly blind and lawmakers are deaf. I urge World Socialist Web Site readers, human rights supporters, trade unions, and all working people, to send letters of protest to the Australian Government and to the United Nations Human Rights Committee and demand that my family be granted a migrant visa."
Letters in support of Sunil Dixit should be faxed to:
Philip Ruddock
Minister for Immigration and Multicultural Affairs
Suite MF40
Parliament House
Canberra 2600, Australia
Fax: 61-2-6273-4144
Alexander Downer
Minister for Foreign Affairs and Trade
Parliament House
Canberra 2600, Australia
E-mail: minister.downer@dfat.gov.au
Fax: 61-2-6273-4112
Copies can be emailed Sunil Dixit on SYNEXPA@aol.com
