1 July 2009 ushered in new regulations to the Migration Regulations 1994 that are significant to anyone seeing the world in terms of occupational justice.
Occupational therapists have a mandate to create and enable occupational opportunities. We know that all humans need to perform occupations to survive, create and maintain health, and to thrive – so equitable opportunities to do, is foundational of human rights and dignity.
The good news is that asylum seekers will no longer face the arbitrary discrimination of the ’45-day rule’, which denied work rights to those who applied for protection after 45 days of arriving in Australia.
If the application for protection could be delayed for many reasons (trauma, language barrier, not being literate in “the system”, fears of authority without knowing someone to help etc) the “45-day rule” meant asylum seekers would have no means of supporting themselves, or securing their own survival other than the good will of grass roots church and community groups for the entire time their application is processed.
Of course, international human rights law recognises the right of every person to adequate food, clothing, housing and work, which in turn recognises the right of every person to participate and do in order to access and secure these rights.
After international and citizen heat, Australia has finally reflected international law in our own law. Now asylum seekers will have access to work rights if they either:
– Hold a substantive visa at the time of applying for a protection visa; or
– Did not hold a substantive visa at the time of applying for protection but can demonstrate a compelling need to work.
If they have applied after 45 days of arrival, they must also demonstrate an acceptable reason for delay in applying for a protection visa.
We warmly welcome this reform as occupational therapists, as citizens, as fellow humans. ”The first principal of nonviolent action is that of noncooperation with everything humiliating.” said Cesar Chavez, and I say OTs should lend their voices to anything concerning occupational justice.
Find out more about how you can participate at “A Just Australia“
A Just Australia is a national campaign organisation. We aim to achieve just and compassionate treatment of asylum seekers and refugees, consistent with the human rights standards that Australia has developed and endorsed.
We believe that Australia’s policies toward refugees and asylum seekers should at all times reflect respect, decency and traditional Australian generosity to those in need, while advancing Australia’s international standing and national interests.