Frequently asked questions: Migration
Are migration decisions exempt from the DDA?
Yes. The DDA exempts any acts done in relation to the administration of the Migration Act. Any change in this position would require an amendment to the DDA. The Commission has recommended on a number of occasions that such an amendment be made.
However, complaints of disability discrimination regarding migration may still be made under the Human Rights and Equal Opportunity Commission Act. This legislation does not provide for recourse to the courts for legally binding remedies but does provide for investigation and conciliation processes through the Commission and for reporting to the Parliament if a matter cannot be resolved by conciliation.
Some persons seeking review of migration decisions related to disability have also chosen to involve the media in these matters, and nothing in the DDA prevents them doing so.
