[Australia] Asylum seekers 'forced into life of poverty'

from The Age

By Jewel Topsfield, Canberra

MORE than 2000 asylum seekers are living in a state of forced destitution without the right to work or access Medicare, according to statistics obtained from the Immigration Department.

Under a controversial rule introduced in 1997, asylum seekers on certain visas are provided with no medical or income support and are forbidden from working, forcing them to rely entirely on charities for their survival. Some have been on these visas for years.

Critics claim the visa conditions are draconian and asylum seekers without a support network face poverty, homelessness and severe health problems if left untreated.

Australian Medical Association president Mukesh Haikerwal said the rules, which are being reviewed by the Immigration Department, were "perverse and unfair" and set asylum seekers up to fail.

"We think the situation is untenable, with people legally entitled to live in the community but unable to earn a wage to look after themselves and their family," Dr Haikerwal said.

"In particular, they can't look after their health, which of course is often quite precarious because of their physical and mental state."

A report by Anne McNevin, of the Australian National University, found that a single mother from the Horn of Africa, who had been a victim of female circumcision in her home country, was refused an appointment with a gynaecologist because she did not have a Medicare card.

Between 2001 and 2003, the Hotham Mission Asylum Seeker Project in Melbourne came into contact with 15 pregnant asylum seekers who had no medical entitlements. Two of of the women had not been treated by a doctor in the first seven months of pregnancy.

Last November, the Victorian Government became the first in Australia to order public hospitals to stop charging asylum seekers for medical services after it was revealed some hospitals used debt collectors to recoup fees. Dr Haikerwal called on the other states to follow Victoria's lead but said unfortunately only Tasmania was yet to do so.

An Immigration Department spokesman told The Age that as of February, a third of the 6700 asylum seekers holding bridging visas did not have work rights.

He said the department was conducting a review of bridging visas, which was expected to be completed by midyear.

Some asylum seekers do not receive work rights or Medicare access if they are released from detention on a bridging visa, if they are awaiting a humanitarian decision from the Immigration Minister or are appealing a decision denying them a protection visa.

However, the largest group without work rights are those who did not apply for a protection visa within 45 days of arriving in Australia.

"This rule — introduced in 1997 — was designed to combat the problem of people applying for refugee status simply to prolong their time in Australia and obtain work rights," the spokesman said.

But in a paper published in this month's People and Place journal, Monash University professor Andrew Markus said the assumption that the 45-day rule provided ample time for legitimate asylum seekers to lodge applications was shown to be false in many cases.

Delays could result from misinformation, migration agents who failed to lodge the applications on time and a lack of English or understanding of immigration procedures.

Pamela Curr, of the Asylum Seeker Resource Centre, claimed the removal of work rights was part of the Government's "deter and deny" philosophy towards asylum seekers. The policy was in breach of the Refugees Convention, she said.

FACTS ON ASYLUM SEEKERS

■ 2200 asylum seekers living in the community have no work rights or Medicare access.

■ Most are denied work rights because they did not apply for protection visas within 45 days of arriving in Australia.

■ Those released from detention on visas, awaiting a humanitarian decision or appealing a decision denying a protection visa, may be affected.