AUSTRALIA: Asylum seekers denied the right to food

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a local organization, the Asylum Seeker Resource Centre (ASRC) (www.asrc.org.au), of the Australian Government’s current refugee policies, which deny asylum seekers the right to food and right to health.

The right to food is a fundamental human right, however thousands of asylum seekers fleeing persecution in their homelands and seeking asylum in Australia are denied the right to food by the Australian Government. Under Australia’s harsh refugee policies, thousands of asylum seekers are forced to live in the community on a Bridging Visa E (BVE) whilst they await the outcome of their Protection Visa Application, a visa that requires the determination of the refugee status of the applicant under section 36 of the Migration Act 1958. Bridging Visa E’s deny asylum seekers the right to work, free or subsidized Government-sponsored medical services (Medicare), and access to income. 

Due to their lack of income, asylum seekers are often unable to provide themselves with adequate food. The ASRC alone has been presented with many cases of asylum seekers, including children, suffering from malnutrition and hunger-related illnesses who are then also unable to seek assistance for hunger-related illnesses due to the denial of Medicare. Four such cases are mentioned below. All names have been withheld.

Urgent Appeals Desk – Hunger Alert
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Case 1

A mother from Burma, in Australia on a BVE, was living in a run-down house when she brought her three-year-old daughter who had scabies to the ASRC. The victim had had a rash and had been itching for 2 weeks. Scabies is well documented as a disease that is caused by poverty and malnutrition. The victim’s mother was very worried and embarrassed but she was unable to buy washing powder or food as she has no income. The ASRC health program was able to give the victim treatment for the scabies as the victim’s mother did not have any money to pay for it. However the services should have been provided under the State’s international obligations such as the International Covenant on Economic, Social and Cultural Rights (ICSEC and the 1951 Convention Relating to the Status of Refugees.

Case 2

A six-year-old girl whose mother is from Russia and is on a BVE repeatedly presents at the ASRC health program with chest and ear infections. She is often lethargic, is underweight and her iron levels are borderline. The victim has been treated with antibiotics, multivitamins and encouraged to eat more. Her mother cannot afford enough food or meat or fresh vegetables, as she is not allowed to work and has no income. Thus, it is very difficult for the victim’s weight to increase and her immune system to improve. With no Medicare the victim’s mother is unable to take the victim to the doctor without having to pay over US$ 40 for each visit, so instead she travels a long way to bring her to the ASRC.

Case 3

A ten-year-old girl, who was born in Sri Lanka but has lived in Australia for five years with her parents and sister on a BVE, recently presented to the ASRC with stomach pains and no appetite. She is underweight and has intestinal worms. Her family has no money for worm treatment and cannot buy enough food or food of good quality so the victim just eats rice on most days. She also often has toothaches but could not go to the dentist because her family could not afford it. Other children from low income families in Australia can go to school dentists for free if they have a health care card but without Medicare it is not possible to get a health care card so the victim was ineligible for any free dental care.

Case 4

A mother from China who is living in Melbourne on a BVE with her husband and 2 young children presented at the ASRC health program with her two-year-old child. The victim was born in Australia and received his first vaccinations in the hospital with no problems, but when the victim’s mother went to the local council to see the child and maternal health nurse for further vaccinations, she was refused them as she did not have a Medicare card. This put the victim at risk of childhood diseases like measles and caused a great deal of stress for his mother as she worried about his health. The national immunisation strategy states that all children in Australia are entitled to childhood vaccinations. The ASRC, on hearing of the case, were able to successfully advocate for him to receive his vaccinations.

ADDITIONAL INFORMATION:

According to the Australian Department of Immigration’s own statistics at least one third of the 6700 asylum seekers seeking asylum in the community are on BE visas.

Asylum Seekers are forced into a life of poverty and left destitute, isolated and made to rely on charity for their survival. They would face starvation if not for the assistance of (mainly) non – government funded NGO’s. Many of the asylum seekers on these visas are families and these policies apply equally to children. This policy breaches Australia’s obligations as a signatory to the Refugee Convention, the Convention on the Rights of the Child and the Universal Declaration of Human Rights. The policy of placing certain asylum seekers on BVE’s seeks simply to act as a deterrent and a punishment to people who seek asylum onshore in Australia.

Under the Migration Regulations of 1994, asylum seekers find themselves on Bridging Visa E’s for one of the following reasons:
They have taken longer than 45 days to seek asylum upon arrival in Australia 
They have sought the humanitarian intervention of the Minister for Immigration 
They have been released from detention onto a bridging visa whilst their claim is being considered

The Department of Immigration and Multicultural Affairs (DIMA) places asylum seekers on Bridging Visa E’s for these reasons despite the fact that the experiences of NGO’s are:
That asylum seekers who do not apply within 45 days of arrival is due often to factors such as language barriers, isolation and poverty
That asylum seekers who seek the intervention of the Minister often do so because of issues to do with the welfare of their children or mental or physical issues
Asylum seekers released from detention often do so with serious health and mental health issues as a result of being in detention

The ASRC, an NGO in Melbourne that provides aid, health and advocacy services to asylum seekers, assists over one thousand asylum seekers on such visas. The ASRC experience has been that Bridging Visa E’s have a devastating impact on the well-being of asylum seekers. 

They have also found the following to be some of the consequences suffered by asylum seekers on Bridging Visa E’s:
Children presenting to the health service with diseases often found only in developing countries such as rickets, malnutrition and anaemia due to poor diet or lack of food
Families coming to the ASRC seeking help because they are homeless and without access to any food
Pregnant women into their 7th or 8th month of their pregnancy with no access to medical care or having premature births or underweight babies due to poor health 
Families being isolated and not linked into any NGO’s because they have no income to access public transport 
Families being unable to access legal advice and assistance to apply for asylum within the 45 days of arrival in Australia because they have no income or means to do so 
Men presenting with serious health problems such as HIV and cancer with no access to medical care 
Serious mental health issues such as depression due to being forced to live in abject poverty

SUGGESTED ACTION:

Please write to Australian members of Parliament, especially Amanda Vanstone, Minister for Immigration and Multicultural Affairs, urging them to amend the Migration Regulations of 1994 to abolish the 45 day rule and to abolish Bridging Visa E’s. Furthermore, asylum seekers in the community seeking asylum and those released from detention must be placed on a Bridging Visa that guarantees the basic entitlements of the right to food, right to work, access to health care and an income during their refugee determination process and ministerial intervention process. Finally, in the interim, please also request that victims, suffering from malnutrition and illness due to their denial of rights, are provided with immediate food and health assistance by the State.

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