Public Health Law and Policy: Refugee Council of Australia Submission

This report is a submission by the Refugee Council of Australia to the Senate Legal and Constitutional Affairs Committee regarding the Migration Amendment (Immigration Health Policies of Australia) Bill 2017. The council expresses concerns about the bill's potential impact on asylum seekers and refugees, citing evidence from psychological practice and research. The submission acknowledges the bill's intent to prevent the spread of infectious diseases but raises concerns about increased powers of authorized officials, potential impediments to refugee acceptance, and inadequate healthcare for refugees in camps. The council advocates for medical assessments, treatment, and integration into the community. The report also critiques the visa program and urges the committee to consider human rights, the well-being of asylum seekers, and the need for comprehensive healthcare provisions. The Refugee Council of Australia supports the bill's amendment but suggests changes for the benefit of refugees, including prioritizing the rights of asylum seekers and maintaining their health. The report includes references to relevant research and legal frameworks.

Running head: PUBLIC HEALTH LAW AND POLICY 1
Public Health Law and Policy
Student’s Name
Institutional Affiliations

PUBLIC HEALTH LAW AND POLICY2
Public Health Law and Policy
To
Committee Secretary
Senate Legal and Constitutional Affairs Committee
PO Box 6100
Parliament House
Canberra ACT 2600
23 October, 2017
Dear Committee Members,
Submission for Amendment in Immigration Health Policies of Australia
The Refugee Council of Australia welcomes this humble opportunity to make a
submission or a proposal to the Senate Legal and Constitutional Affairs Committee in regards to
the Migration Amendment (Immigration Health Policies of Australia) Bill 2017. The Refugee
Council of Australia is not in a locus to comment in depth on the proposed measures;nonetheless,
based on the evidence’s weight from psychological practice and research, the organization has
raised a lot of trepidations concerning every outlined action on the Bill as well as the Bill’s
intent. In the same token, along with the submissions, the Refugee Council of Australia would
like to draw the attention of this committee to its statement regarding the psychological well-
being of asylum seekers and refugees, a comprehensive critique on the mental well-being of
refugees settling in Australia. The council ought also to consider the several submissions which
were submitted to the government as well as human rights inquiries regarding migration reforms
and policies over the past ten years.The Refugee Council of Australia would like to cite that the

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bill is significantly supported by other sections the amendment, for instance, sub-section 60 (4)
(b) (ii).
The Refugee Council of Australia believes that the implementation of the bill will help in
ascertaining individuals who are at risk of contracting some of the infectious diseases. This
would also enable the country to prevent the transmission of the infectious diseases and take
rational steps to reduce the transmission risks. The Refugee Council of Australia understands
that introducing the immigration amendment (Immigration Health Policies of Australia) bill of
2017 aims to increase the quality of life of the refugees. It is vital to note that subjecting the
refugees who come from high-risk regions to medical tests is an essential factor which can aid in
reducing the spread of diseases especially communicable diseases within the country. However,
the Refugee Council of Australia also believes that introducing the amendment can increase the
powers of the authorized officials to utilize force against individuals in the immigration
detentions. Medical assessment can act as a significant impediment which may cause refuges
not to be accepted in Australia. The Refugee Council of Australia, therefore, advocates that the
medical assessment should be conducted, however, those refugees found to be having some
diseases should be treated after which be allowed to reside in the camps.
The refugees’ influx from overseas in Australia has broadened in the recent past due to
a large number of individuals experiencing persecution in their cradle lands or is facing a
humanitarian crisis. It is important to note that these people require help and should never be
subjected to a lot of ultimatums before being officially allowed to stay in the country. As a non-
governmental organization registered to look after refugees, we are significantly concerned with
the life of people. Therefore, the organization takes into account each step the government
makes in accepting refugees into the country. The immigration amendment bill ought to put into

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consideration the major concerns of human rights (Durham, Brolan, Lui& Whittaker, 2016). The
refugees’ conditions have currently worsened due to inadequate health care facilities and
therefore, it is vital for the bill to put in place suggestion which can help in improving the
conditions of the refugees in their various. Also, the Refugee Council of Australia criticizes the
law for only regarding medical assessment before the refugees enter the country and not
Medicare for the refugees in their camps after settling in the country. It is critical for the refugees
to receive care even in their respective camps. According toDurham, Brolan, Lui, and Whittaker
(2016), Visa program should be included but should not be subjected to the marginalized regions
because the refugees are not able to obtain and comply with requirements in the visa.
Australia is known all over the globe to be well off in healthcare facilities. The
Refugee Council of Australia, therefore, requests the Senate Legal and Constitutional Affairs
Committee to make some few changes in the bill so that it can cover a broader picture of the
refugees living in the country. The legislative should also put in place an option which will allow
people who do not meet the health requirements to get a place to live in the country. The
legislators should additionally include a law which will help in maintaining the health of the
refugees in their respective camps.The Refugee Council of Australia have faith that the
amendment would ensure sufficient monitoring of lawful non-citizen’s health and this will
decrease future burden on the healthcare system in Australia and protect public health within the
country.It is important to note that the Refugee Council of Australia admits to the
implementation of the law; however, some few changes ought to be made in the bill for the
benefit of the refugees.
The Refugee Council of Australia advocates that there are essential facts which support
the organization’s concerns over the reformed immigrant's policies declared by the parliament.

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The organization outlines that the alterations brought on the visa program do not involve
research organizations which are notable researchers to ponder upon in making such a critical
change. Durham, Brolan, Lui, and Whittaker (2016), argue that the regulations are framed in
accordance with specific recommendations acknowledged from departments which are
concerned with the training of employees taking care of refugees. The senior policy adviser of
the Refugees council of Australia on behalf of the corresponding non-governmental organization
representing the refugees’ populace in the country states that the visa program ought not to be
applied among the refugees.
If the bill is passed it would enable the minister for immigration to choose a class of
individuals holding visa and require them to acquiesce to a revalidation process. According to
Killedar and Harris (2017), the bill will not allow the marginalized people to access the country.
The bill is considered to encompass reprehensible features that would undermine the refugees’
rights as well as the asylum seekers. The bill gives the minister of immigration as well as border
security non-reviewable, non-compellable, unprecedented powers. The Refugee Council of
Australia recommends that the government of Australia ought to prioritize policies and
regulations that protect the rights of human especially those in search of asylum in the country.
Guajardo, Slewa-Younan, Smith, Eagar, and Stone (2016), advocate that the Australian
government ought also to minimize psychological harm to the already vulnerable group. The
Refugee Council of Australia position on the well-being of asylum seekers and refugees is the
consideration that the Australian government meets its fundamental responsibility as outlined in
the United Nation’s Convention. The Australian government should also uphold the significant
rights of the refugees. These significant rights of the refugees include right to protection as well
adoption of a free and fair refugees’ status process of determination.

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The position of the refugee council of Australia is that the bill is quite crucial in ensuring
the health status of the refugees are assessed before allowing them to settle in the country.
However, the organization reiterates that the rights of the refugees must be upheld. The
organization also suggests that the legislators should include a law which will help in
maintaining the health of the refugees in their respective camps. The Chair of the Senate Inquiry
should allow the legal committee to include visa program for refugees so that everyone in the
country can be of good health.
The non-governmental organization concludes that the bill is good for assessing the
health of the refugees before they are allowed in the country. The amendment would ensure that
any individual granted any Australian visa is of good health, therefore, diminishing the spread of
infectious diseases. The bill would also enable every lawful non-citizen to undergo a medical
assessment to determine whether or not he or she satisfies the health requirements. The
organization, therefore, advocates that the bill should be passed so that the rights of the
refugeesof having good health can be upheld. For example, this non-governmental organization
suggests that visa program should not be subjected to the refugees. The organization also
advocates that the health of the refugees ought to greatly be considered after their allowance to
reside in the country. Most importantly, the refugees are as well as people who require dignity
and, therefore, must be respected without any kind of segregation. It is, therefore, important to
note that the Refugee Council of Australia supports the amendments on the Bill.

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References
Durham, J., Brolan, C. E., Lui, C. W., & Whittaker, M. (2016).The need for a rights-based public
health approach to Australian asylum seeker health. Public Health Reviews, 37(1), 6.
Guajardo, M. G. U., Slewa-Younan, S., Smith, M., Eagar, S., & Stone, G. (2016). Psychological
distress is influenced by length of stay in resettled Iraqi refugees in Australia.
International journal of mental health systems, 10(1), 4.
Killedar, A., & Harris, P. (2017). Australia's refugee policies and their health impact: a review of
the evidence and recommendations for the Australian Government. Australian and New
Zealand Journal of Public Health.