78
In May 2020, more than 180 Australian community organisations issued a joint call for the
Government to ensure all people have access to Medicare, and for the eligibility criteria
for the unemployment benefit payment to be extended to bridging visa holders currently
excluded from financial support. 141
79
Community concerns over the public health risk associated with failing to support all
people in Australia during this crisis are not unfounded. Evidence suggests that when
people lack the ability to pay for food or rent, they are likely to move into overcrowded
housing, which poses a greater risk for COVID-19 infection. 142
80
Undocumented workers or those on insecure temporary visas (including stateless persons)
are also much less likely to seek medical help, even if they are unwell, for fear of being
reported to immigration authorities.143
81
Access to medical care is further complicated by the fact that many asylum seekers
are excluded from Medicare benefits.144 According to RCA, people without Medicare cards
are likely to face significant obstacles to testing and treatment.145
82
As noted by Robertson, Australia cannot afford to ignore the needs of temporary visa holders,
including stateless persons, in the national response to COVID-19.146 Ensuring all members of
the community, including stateless persons, can stay safe and are financially supported is
consistent with good public health policy.147
Recommendations
83
Based on the above analysis, the co-submitting organisations urge reviewing States to make
the following recommendations to Australia:
(a)
Fully promote, respect, protect and fulfil its obligations towards stateless persons and
the right to a nationality under international human rights law;
(b)
Develop and introduce a legislative statelessness determination procedure, ensuring
that the procedure is fair, effective and accessible to all persons in Australia
regardless of their legal status. This includes funded access to interpreting services
and legal support. The procedure should comply with international standards of due
process and follow the procedural safeguards outlined in UNHCR’s Handbook on
Protection of Stateless Persons;
141
Refugee Council of Australia, ‘Open Letter to Prime Minister Scott Morrison – Nobody Left Behind’ (Web Page, 7 May 2020)
<https://www.refugeecouncil.org.au/open-letter-covid/ >.
142
Katie Robertson, ‘What About Those Left Out by the Stimulus Package?’ Pursuit (7 May 2020)
<https://pursuit.unimelb.edu.au/articles/what-about-those-left-out-by-the-stimulus-package>; Bianca Hall and Angus Thompson, ‘Plea for
1.1 Million on Temporary Visas as Expert Warns of Public Health Disaster’, Sydney Morning Herald (online, 4 May 2020)
<https://www.smh.com.au/national/plea-for-1-1-million-on-temporary-visas-as-expert-warns-of-public-health-disaster-20200430p54op9.html >.
143 Ibid.
144 Katie Robertson, ‘What About Those Left Out by the Stimulus Package?’ Pursuit (7 May 2020)
<https://pursuit.unimelb.edu.au/articles/what-about-those-left-out-by-the-stimulus-package>.
145
Refugee Council of Australia, ‘Open Letter to Prime Minister Scott Morrison – Nobody Left Behind’ (Web Page, 7 May 2020)
<https://www.refugeecouncil.org.au/open-letter-covid/ >.
146 Katie Robertson, ‘What About Those Left Out by the Stimulus Package?’ Pursuit (7 May 2020)
<https://pursuit.unimelb.edu.au/articles/what-about-those-left-out-by-the-stimulus-package>.
147 Ibid.
17