Australia: Migration policies for People with HIV perpetuate criminalisation and expose them to harm

David Carter Delivers Keynote at the Australasian HIV&AIDS Conference

Health+Law’s research lead David Carter, delivered a keynote address at the recent ASHM HIV Conference in Sydney, exploring the controversial past and present of HIV criminalisation in Australia. His urgent, provocative address challenged us to consider how current legal and policy processes in migration law recreate conditions of criminalisation, producing serious health and other harms for people living with HIV. 

Talking to Health+Law researchers in an interview about legal issues, Sergio*, a man in his thirties originally from South America and living with HIV, described the experience of migration to Australia:

I didn’t have to face any court, but I [did] have to prove that I wasn’t a bad person just because I have HIV […] I [had] to prove myself to someone else, who probably is not living with HIV, that I was not a bad person, and I was a good citizen and I deserve to be here.

The migration process is a complex one – and this complexity is amplified for people living with HIV. Sergio’s reflections express a particularly grim aspect of this process for migrants, especially those living with HIV.

Indeed, as Scientia Associate Professor David Carter, Health+Law’s research lead, argued in an invited keynote at the 2024 Australasian HIV&AIDS Conference hosted by ASHM Health in September this year, the experience of people living with HIV seeking to migrate to Australia is part of Australia’s long history of the criminalisation of HIV. Speaking to delegates from Australia, New Zealand, Asia and the Pacific at Sydney’s International Convention Centre on Gadigal Country, David reminded the audience that criminalisation is a policy approach, that doesn’t just use the criminal law. To show this he set out five stages of criminalisation that are also evident in the migration process for those living with HIV.

First, as he explained, criminalisation characterises specific behaviour as harmful or carrying a risk of harm to the community. In this case the harm presented is, to quote Australian migration law, that a person’s HIV care represents a ‘significant cost to the Australian community or prejudice [to] the access of Australian citizens or permanent residents to health care or community services’.

Second, criminalisation creates a suspect population, made up of people thought to warrant suspicion because they come to be associated with the potential harm.

Third and fourth, this suspect population attracts surveillance from the state, with a hierarchy created within the suspect population whereby some members are subject to further and intensified surveillance.

Fifth, and finally, some members of this suspect population are subjected ‘to the most severe forms of the state’s coercive and punitive authority’, including investigation, more intensive supervision, detention or arrest, and in some cases, criminal or civil proceedings.

The criminalisation of HIV has a long and storied history, going back to the very early days of the AIDS crisis. Vocal members of HIV-affected communities, legal and human rights advocates and many others have argued strongly against criminalisation, viewing it as draconian and as an approach to public (health) policy with very negative consequences for HIV epidemics.

In Australia, arguments against HIV-specific criminal offences have been broadly successful, and yet the ‘temptation’ to criminalise – as the very first Australian National HIV Strategy described it – continues to emerge in some policy responses to HIV and other communicable diseases.

In 1987, when the authors of the first national HIV strategy were writing, they were warning against measures including compulsory universal HIV testing, the closure of gay venues, criminal penalties for HIV transmission, and limitations on the movement of HIV positive people, including forced quarantine. Today, HIV criminalisation is operating in Australian migration policy and law.

‘This contemporary criminalisation of HIV begins’, David argued, ‘like all criminalisation, with the characterisation of behaviour in terms of harm and risk of harm’. He continued, arguing that:

This characterisation of migrating while HIV positive as harmful establishes, and in-turn enlivens, the suspect population management and criminalising processes of our medical border […] This criminalising logic establishes an adversarial relationship between the person living with HIV and the state, and between them and members of the Australian community, whose access to health care it is alleged may be prejudiced by providing care for a person living with HIV who wishes to migrate.

Among the many negative effects of this process is that it can discourage migrants living with HIV from engaging in testing, treatment and HIV care. Interviews conducted by Health+Law as part of our national legal needs (LeNS) study confirm that this is happening. They show that many migrants living with HIV in jurisdictions across Australia experienced an alienating and hostile environment: a ‘threat environment so elevated’, as David described it in his keynote, that they frequently described withdrawing from HIV care and community life as a coping mechanism.

Unfolding the history of ‘unjust and unhelpful’ HIV criminalisation in Australia, David outlined how the current legal and policy conditions that prospective migrants living with HIV face in Australia today work to recreate conditions of criminalisation and expose both individuals and the community to multiple health harms.

You can read more about David’s keynote in The Medical Republic’s coverage of the conference.

Russia: New bill introduces broader disease testing for migrants, including hepatitis

Migrant children should pass a Russian language test and their parents should be tested for dangerous diseases

Translated with Deepl.com. Scroll down for original article in Russian

The Russian government has already supported the bills against illegal migration. New initiatives are next – the introduction of a Russian language exam for foreign children and the expansion of the list of dangerous diseases, the presence of which is checked in visitors.

About it at a press conference in Moscow told Deputy Speaker of the State Duma, Head of the Migration Policy Commission Irina Yarovaya.

“Today, a commission on legislation in the government of the Russian Federation was held, and our bills are fully supported without comments”, – she said.

It is a question of recognizing the organization of illegal migration as a particularly serious crime in cases where it is committed by an organized group and for the purpose of committing serious or especially serious crimes. If today the punishment for this is from two months to seven years, which gives the court the right to apply even a suspended sentence against such criminals, then in the future this will be impossible. The lower threshold of responsibility increases to eight to fifteen years.

An increased level of responsibility is also established for forgery, manufacture and trafficking of forged documents for the purpose of illegal migration. If today it’s from two months to four years, then it will be from two to six years, Yarovaya noted.

In addition, it is proposed to amend the federal law on information and establish extrajudicial blocking of Internet resources containing offers of illegal services for migrants.

There are about 739 thousand illegal migrants on the territory of the Russian Federation.

“We are witnessing an increase in organized illegal migration: in the half of 2024, almost one and a half times more facts were revealed than in the same period last year. It must be said that 879 people were convicted of organizing illegal migration, of which 665 people are Russian citizens. <… > These crimes are committed by people who live near us and are involved in this organized criminal activity”,- explained Irina Yarovaya.

With regard to new initiatives that have yet to be prepared and introduced, it is the expansion of the list of diseases for which migrants will be tested and the introduction of a language test when children enter schools.

“We insist that the Ministry of Health expand the list of dangerous diseases for migration purposes, including hepatitis B and C,”- said the deputy.

Now migrants entering Russia are required to be tested for COVID-19, tuberculosis, leprosy (Hansen’s disease), syphilis, HIV. The presence of such diseases can be an obstacle to obtaining a residence permit or a work permit, as well as a reason for deportation.

Also, the State Duma Commission on Migration Policy is preparing changes in the legislation on mandatory diagnostics and training of migrant children before their admission to Russian schools, Irina Yarovaya said.

“Compulsory diagnostics for the knowledge of the Russian language of children who are admitted to schools is necessary… mandatory diagnostics and preparation before admission to school are necessary, the child must know exactly the language in which he will learn the material, communicate with the teacher and with peers… we have given the relevant instructions to the Ministry of Education, but at the same time we ourselves prepare changes to the legislation,”

– she said at a press conference in the multimedia press center “Russia Today”.

Previously “Nats Accent” wrote that the Investigative Committee of the Russian Federation will check the Kaliningrad school where children do not know Russian.

ДЕТИ-МИГРАНТЫ ДОЛЖНЫ СДАТЬ ТЕСТ ПО РУССКОМУ ЯЗЫКУ, А ИХ РОДИТЕЛИ – ПРОВЕРИТЬСЯ НА ОПАСНЫЕ БОЛЕЗНИ

Правительство России уже поддержало законопроекты против незаконной миграции. На очереди новые инициативы – введение экзамена по русскому языку для детей иностранцев и расширение списка опасных заболеваний, наличие которых проверяют у приезжих.

Об этом на пресс-конференции в Москве рассказала вице-спикер Госдумы, руководитель комиссии по вопросам миграционной политики Ирина Яровая.

«Сегодня состоялась комиссия по законодательству в правительстве РФ, и наши законопроекты полностью поддержаны без замечаний”, – сказала она.

Речь о том, чтобы признавать организацию незаконной миграции особо тяжким преступлением в случаях, когда оно совершается организованной группой и в целях совершения тяжких или особо тяжких преступлений. Если сегодня наказание за это – от двух месяцев до семи лет, что дает право суду применять даже условное осуждение в отношении таких преступников, то в будущем такое будет невозможно. Нижний порог ответственности увеличивается до восемь-пятнадцати лет.

За подделку, изготовление и оборот поддельных документов в целях незаконной миграции также устанавливается повышенный уровень ответственности. Если сегодня это от двух месяцев до четырех лет, то будет – от двух до шести лет, отметила Яровая.

Кроме того, предлагается внести изменения в федеральный закон об информации и установить внесудебную блокировку интернет-ресурсов, содержащих предложения незаконных услуг для мигрантов.

На территории РФ находятся около 739 тысяч нелегальных мигрантов.

“Мы наблюдаем рост организованной незаконной миграции: за полугодие 2024 года выявлено почти в полтора раза больше фактов, чем за аналогичный период в прошлом году. Нужно сказать, что 879 лиц осуждено за организацию незаконной миграции, из них 665 лиц – это граждане России. <…> Эти преступления совершаются лицами, которые проживают рядом с нами и вовлечены в эту организованную преступную деятельность”,- пояснила Ирина Яровая.

Что касается новых инициатив, которые только еще предстоит подготовить и внести, то это расширение перечня заболеваний, на которые будут проверять мигрантов и введение языкового теста при поступлении детей в школы.

“Мы настаиваем на том, чтобы министерство здравоохранения расширило перечень опасных заболеваний для целей миграции, в том числе, включив него гепатит B и C”,- сказала депутат.

Сейчас въезжающих в Россию мигрантов в обязательном порядке проверяют на COVID-19, туберкулез, лепра (болезнь Гансена), сифилис, ВИЧ. Наличие таких заболеваний может стать препятствием к получению вида на жительство или разрешения на работу, а также причиной депортации.

Также комиссия Госдумы по вопросам миграционной политики готовит изменения в законодательстве об обязательной диагностике и подготовке детей мигрантов до принятия их в российские школы, отметила Ирина Яровая.

“Необходима обязательная диагностика на знание русского языка детей, которые принимаются в школы… необходима обязательная диагностика и подготовка до принятия в школу, ребенок точно должен знать язык, на котором он будет усваивать материал, общаться с педагогом и со сверстниками… соответствующие поручения нами даны министерству просвещения, но при этом мы сами готовим изменения в законодательство”,

– сказала она на пресс-конференции в мультимедийном пресс-центре “Россия сегодня”.

Ранее «НацАкцент» писал, что Следственный комитет РФ проверит калининградскую школу, где дети не знают русский язык.

New Zealand: Seasonal workers will no longer be screened for HIV, in line with other temporary visas

RSE Scheme Revamped, Cap Raised

The coalition Government is supporting the growth of New Zealand’s horticulture and viticulture industries, by revitalising the Recognised Seasonal Employer (RSE) Scheme and increasing the cap for the coming season.

“We are making changes that can be delivered quickly, reduce costs and compliance for employers, and improve flexibility for RSE workers,” Immigration Minister Erica Stanford says.

“Our Government is committed to increasing the number of RSE workers over time in line with industry demand, while balancing the availability of New Zealanders and accommodation for workers. That’s why the cap on the number of workers is increasing by 1,250 to 20,750 for the 2024/25 season.

Other changes include employers being required to pay workers an average of 30 hours a week over four weeks. The pause on accommodation cost increases will be lifted and the requirement to pay RSE workers 10 percent above the minimum wage will only apply to experienced workers, recognising their productivity.

“The RSE scheme is central to our relationships in the Pacific and has delivered tremendous benefits to everyone involved,” Foreign Affairs Minister Winston Peters says.

“New Zealand is committed to supporting Pacific priorities. That is why these changes include broader opportunities for skills development, greater flexibility in visa settings, and pay based on experience.”

Further changes are:

Improved flexibility for RSE workers to move between employers and regions.
Workers’ visas will be multi-entry during a season.
RSE workers will be able to undertake training and skills development not directly related to their role.
RSE workers will no longer have to be screened for HIV, aligning them with other temporary visa applicant requirements.
Timor-Leste will be included in the scheme.

Most of these changes will be in place in early-September. Further time will be needed to set up the infrastructure and processes on the ground for Timor-Leste to participate. The cap increase fulfils a commitment from the coalition agreement between National and Act.

“These changes are just the start. The next phase of our work programme will consider substantive, longer-term options to further improve the wider RSE system and worker welfare settings,” Ms Stanford says.

Controversy around visa denials hits the International AIDS Society

Visas denied to many HIV activists in run-up to 2024 International AIDS Conference

Controversy around visa denials has hit the International AIDS Society (IAS) as it plans for the start of the 2024 International AIDS Conference (AIDS 2024) in Munich, Germany. In the week before the July 22 opening session, numerous delegates from African countries have said that they were denied visas to Germany or were still waiting to hear if they would be admitted into the country to attend the conference.

Some activists have criticized IAS for presenting their global meeting in a northwestern country—and suggested that if the conference occurred in the global south or in a low- to middle-income country, such visa troubles would not occur.

In the face of such critiques, IAS has leveraged its power to assist delegates. Bijan Farnoudi, M.Sc., the IAS director of communications, explained to TheBody that according to its ongoing feedback with 693 delegates who had reached out for assistance, 82% had obtained their visas, 6% were still pending, and 12% had been denied. The largest number of these delegates reporting that they’d obtained their visas were traveling from Kenya, Nigeria, and Zimbabwe. Meanwhile, many delegates from Uganda were still waiting to hear back from the German consulate.

When asked why some delegates were denied visas, Farnoudi explained that IAS only knows what people report back to them, but that historically the issues have included incomplete applications, missed timelines, missing documents, or authorities expressing doubts over the applicant’s explanation for attending. But he was quick to acknowledge that the reasons are impossible to definitively ascertain because the visa process is confidential between applicants and the consular service.

TheBody contacted the German Federal Foreign Office for comment about why so many visa applications were delayed or rejected. They had not responded by the time of publication.

No Clear Reason for Delays, Rejections, or Approvals

In addition to appealing to IAS, delegates whose visa applications are pending have also taken to tweeting about their experiences. Gloria Nawanyaga is a well-known HIV activist from Uganda who has been living with HIV for over 15 years. On July 18, she tweeted that her flight to Munich was set to take off the next day, but that because of “unjustified visa delays,” her passport was still being held by the German Foreign Office. As a result, she said, she may not be able to attend the conference.

Nawanyaga noted that it is common for delegates from the global south to face visa delays and rejections even when all necessary documents have been filed or when they have already had Schengen visas, which permit non-European Union nationals to visit any of the 29 countries in the Schengen area for up to 90 days.

Farnoudi retweeted Nawanyaga’s message soon after her post, with an added message to the German Foreign Office: “#AIDS2024 is nothing without community voices from the most affected countries in the world. We need Gloria and all others registered to attend. … Your urgent support here is much appreciated.”

TheBody asked Farnoudi whether he felt such messaging would prove effective. He responded in an email, “Only the Germans can answer that but what I can say is that we want everyone at this conference, especially the most marginalized who have always been the most affected. We also have staff dedicated to supporting delegates with their visa processes and have established direct channels with German authorities who ultimately decide on granting a visa.”

Linda Joseph Robert is an HIV advocate from Uganda who was a 2023 recipient of IAS’ Youth Hub Seed Grant and is a member of AVAC’s Advocacy Program. He was scheduled to speak during a pre-conference AIDS 2024 session called The People Living With HIV Pre-Conference (Living 2024) about using the science of undetectable equals untransmittable (#U=U) for advocacy. Though he submitted his visa application on June 24―including letters from his employer (AIDS Healthcare Foundation Uganda), sponsorship letters from GNP+ and Prevention Access Campaign (PAC), and a registration letter from IAS―his visa was denied on July 16.

He provided TheBody with an excerpt of the letter, which stated: “There are reasonable doubts about the reliability, the authenticity of documents submitted or their truthfulness. There are reasonable doubts about your intention to leave the territory of the Member States before the visa expires.”

IAS confirmed with TheBody that Joseph is a registered delegate for AIDS 2024. Additionally, Bruce Richman, the founder of PAC, confirmed with TheBody that Joseph was being sponsored by PAC and was scheduled to present at Living 2024. While expressing his disappointment over the visa rejection, Richman told TheBody that Joseph had also been selected by a committee to present on the future of U=U research at another session, the “Setting the U=U Research Agenda Forum,” hosted by the Lancet, Centers for Disease Control and Prevention, and PAC.

Whatever the reason for any delegate’s visa rejection or wait, it should be noted that the majority of conference participants who have applied for visas have been accepted.

Farnoudi noted that this success rate applied to visa applicants who were visiting Munich to attend pre-conference and satellite events. For instance, Erika Castellanos, director of programs at the Global Action for Trans Equality (GATE), told TheBody that out of 181 participants in a global trans pre-conference event she helped organize, 61 participants needed visas. Of that number 52 were accepted, while nine received rejection letters. Four of the delegates who were rejected came from North African countries.

In an email, Castellanos wrote, “We would wish for everyone to get their visas but these numbers are the best we have ever seen for a conference.” While noting that North African participation would be under-represented, she also shared that she wanted to recognize the support of German authorities in clearing so many visa applicants.

These outcomes are a big change from two years ago, when the Canadian government denied entry to hundreds of delegates to the 24th International AIDS Conference in Montreal.

A History of Visa Denials and Searching for Ideal Locations

In July 2022, Canadian and global media were filled with stories about delegates being denied visas to attend AIDS 2022, but these reports were not new. On June 17, the Canadian Press had already reported that hundreds of delegates from Asia, Africa, and Latin America had not yet been issued visas, while dozens of others had been rejected. This included scholarship recipients, whose funding was provided largely by Canada’s federal government as part of its bid to host the conference.

By the time the conference opened on July 29, it became known that many delegates from African countries had been denied entry. In response, numerous protestors interrupted the conference’s opening ceremony, accusing authorities of racism and other forms of discrimination.

But these complaints were far from new. For years, IAS has faced criticism for hosting conferences in countries in the global north. From 1985 to 1998, the conference was presented by European or North American countries all but two times; it was hosted by Yokohama, Japan, in 1994 and Manila, Philippines, in 1997. And it wasn’t until 2000 that the conference was held in an African nation, when South Africa was the host country. In fact, to date, all IAS conferences in Africa have been hosted by South Africa. Next year’s 13th IAS Conference on HIV Science in Kigali, Rwanda, will be the first break in that pattern.

Advocates who spoke to TheBody on the condition of anonymity also pointed to the conference’s history of being presented in countries that discriminate against many of the people it represents. For instance, though IAS moved AIDS 1992 from Boston to Amsterdam―due to immigration restrictions on people living with HIV that were in place from 1988 to 2010―the U.S. has long been openly hostile to sex workers and people who use drugs, two groups that are integral to the HIV response and recognized as key members of IAS. Yet IAS conferences were held in Atlanta in 1985, San Francisco in 1990, and Washington, D.C., in 1987 and 2012.

This says nothing of countries with HIV criminalization laws, such as Canada, which imposes a lifetime registry on the country’s sexual offender registry for people convicted of HIV exposure. All the same, since 1989, Canada has hosted an IAS conference five times.

Like many other northwestern countries, Canada subjects visitors from the global south to onerous paperwork―which can vary depending on the person reviewing each case―as well as proof that applicants have a certain amount of money in their bank account for every day that they are visiting; proof of secured housing; a long processing time (three weeks or more); and high application costs. And if a person is denied entry, they will not be refunded any fees that they paid.

The process can be incredibly stressful, especially for applicants with limited funds. But in 2022, that problem was made worse by Canada’s response to the planned-for influx of over 10,000 visitors: numerous rejections with no explanations given.

TheBody contacted Immigration, Refugees and Citizenship Canada for information about why so many AIDS 2022 delegates were denied visas. They had not yet responded as of the time of publication.

Logistics of Planning the International AIDS Conference

During AIDS 2022, IAS’ then-president Adeeba Kamarulzaman, M.D., told conference attendees that she was upset that registered delegates, including IAS staff and leadership, had been barred from entering Canada. Despite her call for change, she and the organization were still assailed by activists who insisted that the conference be held only in low- to middle-income countries in the future.

Though this might satisfy some, logistically it ignores the requirement that a host country have the necessary infrastructure to accommodate a major health and science conference. There are also concerns about safety and human rights―for instance, countries that criminalize LGBTQ people―as well as independence of the organization.

In an interview with Devex, Kamarulzaman said that the 2022 conference was originally scheduled to appear in a middle-income country in Asia. However, IAS ended negotiations after the prospective host government made vetting the conference program a condition of approval.

To that point, IAS demands absolute independence from its host countries to allay the possibility of governmental interference in or bias against sessions dedicated to empowering sex workers, using harm reduction, offering gender affirming care, or even engaging in protest―a celebrated right at IAS conferences.

As Farnoudi told TheBody in a previously published interview about the right to protest at the upcoming AIDS 2024 conference in Munich, “IAS endorses freedom of expression as an essential principle in the response to HIV. … Any authority that pitches to host an IAS conference knows this comes with our culture of allowing and welcoming peaceful protest. We wouldn’t select a location if that were completely impossible.”

While that offers a measure of comfort to delegates who will want to protest the current visa issue during the conference in Munich, it offers little comfort to those who have been denied entry. IAS is well aware of this. At next year’s conference in Rwanda, visa denials will almost certainly occur once again―even to delegates from other African countries. In those instances, IAS says it will continue to work to resolve issues.

What Happens Now?

When asked what IAS has done to help delegates gain entry to Munich, Farnoudi said the organization has been in bi-weekly communication with German authorities since February 2024 to help facilitate visa application processing.

In a follow-up email, Farnoudi wrote, “We regularly flag cases of registered conference participants who have not heard back from the authorities or encountered other challenges.” When asked about the likelihood of a visa being approved after receiving help, Farnoudi explained that IAS did not have a way to track the results of interventions because delegates did not always share when a problem had been resolved.

For now, the work to help delegates facing visa issues continues, mostly in the background. Though IAS has tweeted a call for “authorities to expedite the process for those pending,” there is no way to know whether German authorities will oblige.

IAS lists information about immigration for AIDS 2024 here. For support from the AIDS 2024 Immigration Support team, write to visa@aids2024.org.

Turkey: HIV-Positive Syrian refugee fights for access to treatment in Istanbul detention centre

HIV positive Syrian refugee ‘left for dead’ in İstanbul removal center

Ahmed Aaabo’s treatment has been disrupted by bureaucratic hurdles after his temporary protection status was removed, says his lawyer.

Ahmed Aabo was only 10 years old when his family left him at the Turkish border in 2011, seeking a safer life amidst the Syrian civil war.

Granted Temporary Protection Status upon entering Turkey, Ahmed’s life took a dramatic turn about eight months ago after he donated blood to the Turkish Red Crescent, which revealed he was HIV positive.

Ahmed began receiving treatment at Haseki Training and Research Hospital in Fatih, İstanbul, where he regularly took his medication. However, his situation worsened due to administrative decisions and bureaucratic barriers.

Losing protection status

His temporary protection status was deactivated under the G-78 restriction code, which is used for foreigners who are deemed to pose a public health threat due to infectious diseases. This deactivation prevented him from accessing his medications.

In an attempt to understand his situation and secure his medication, Ahmed visited the Kumkapı Foreigners’ Branch Directorate. There, he was detained and handcuffed for allegedly residing illegally and transferred to the Hadımköy Removal Center.

His lawyer, Hasan Kocapınar, filed a lawsuit to halt the deportation process. While awaiting the court’s decision, Ahmed was moved to the Adana Removal Center, where he could not access his medication, further deteriorating his health.

Kocapınar managed to get Ahmed transferred back to İstanbul, where he finally received his medication, but the interruption in his treatment had already severely affected his health.

Appeal to authorities

Kocapınar emphasized that denying Ahmed his right to treatment is a human rights violation. “Ahmed’s health has severely deteriorated due to the deprivation of his right to treatment and erroneous administrative actions. We will pursue all necessary legal avenues to restore his treatment rights,” he said.

He urged the authorities to honor international agreements and provide Ahmed with the care he needs, highlighting that sending Ahmed back to Syria would endanger his life, especially given his HIV status, which would make him a target for extremist groups.

Kocapınar also noted that Ahmed only has a three-month supply of medication left and emphasized the need for the Directorate General of Migration Management and the Directorate of Migration Affairs to resolve the issue. “Ahmed is currently held at the Arnavutköy Removal Center, where he does not have adequate access to his treatment. This is a human rights violation, and Ahmed’s right to health and life must be protected,” Kocapınar asserted.

G-78 Restriction Code

This code is applied to foreigners who carry infectious diseases that could threaten public health and safety, resulting in an indefinite ban on their entry to Turkey.

Russia: Immigrants deported for failing medical examination that includes HIV test

Bailiffs of Khakassia expelled 74 foreigners in six months

Translated from Russian by IA – Scroll down for article in Russian

In 2024, bailiffs of Khakassia expelled 74 foreign citizens from Tajikistan, Azerbaijan, Uzbekistan, Georgia and Belarus from the Russian Federation. According to the UFSSP of Khakassia, they mainly exceeded the period of stay in Russia, and some were expelled for evading the mandatory rules of stay in the country, such as passing a medical commission.

The Beysky District Court established that an Azerbaijani citizen, after one year from the previous medical examination, did not pass the second medical commission. He also did not provide documents on the absence of the use of narcotic drugs and psychotropic substances, the absence of infectious diseases that pose a danger to others, and a certificate of the absence of HIV infection.

The court found the foreign citizen guilty of committing an administrative offense and imposed a fine of 2 thousand rubles with subsequent administrative expulsion from Russia. Before the expulsion procedure, migrants are held in a specialized temporary detention facility. After purchasing travel documents, bailiffs of the special purpose department accompany foreign citizens to the checkpoint across the state border of Russia.

Судебные приставы Хакасии выдворили 74 иностранцев за полгода

В 2024 году судебные приставы Хакасии выдворили за пределы Российской Федерации 74 иностранных граждан из Таджикистана, Азербайджана, Узбекистана, Грузии и Белоруссии. Как рассказали в УФССП Хакасии, в основном они превысили срок пребывания в России, а некоторые были выдворены за уклонение от обязательных правил пребывания в стране, таких как прохождение медкомиссии.

Бейский районный суд установил, что гражданин Азербайджана, по истечении одного года с момента прохождения предыдущего медицинского освидетельствования, не прошёл повторную медкомиссию. Он также не предоставил документы об отсутствии фактов потребления наркотических средств и психотропных веществ, отсутствии инфекционных заболеваний, представляющих опасность для окружающих, и сертификат об отсутствии ВИЧ-инфекции.

Суд признал иностранного гражданина виновным в совершении административного правонарушения и назначил ему штраф в размере 2 тысяч рублей с последующим административным выдворением за пределы России. До процедуры выдворения мигранты содержатся в специализированном учреждении временного содержания. После приобретения проездных документов, судебные приставы отделения специального назначения сопровождают иностранных граждан до пункта пропуска через государственную границу России.

Australia: Migrant teacher with HIV caught in residency limbo despite job offers

Luca is a teacher in a skills crisis, but his HIV means he’s not allowed to stay

A migrant teacher denied permanent residency because he has been diagnosed with HIV says he has been barred by a discriminatory policy overseen by the government during a national skills crisis.

Italian national Luca, who has chosen a pseudonym because of the stigma associated with his condition, has been stuck in a limbo of temporary visas after he was refused a permanent skilled visa in 2013, with Immigration Minister Andrew Giles powerless to intervene.

“We hear it on the news every day there is a shortage of teachers and nurses,” said Luca, who teaches languages at a Melbourne high school, adding he often received job offers because of the dire need for teachers across the nation.

“Things have changed since I was first diagnosed … the stigma is not as strong as it used to be. I’m as healthy as I’ve ever been.”

The government can bar migrants from settling in Australia if their health requirements are deemed to be too costly for the public purse, a system that has led to many families with disabled children being told they must leave the country.

Welcoming Disability migration policy adviser Dr Jan Gothard said it was common for migrants to fail the health requirement for being HIV positive. “People who take HIV medication can undertake any work except some specialised medical procedures,” she said.

“They’re no less productive than any other member of the community. It doesn’t make any sense.”

Giles last year ordered a review into the significant cost threshold, the mechanism, currently set to $51,000 over 10 years, that determines if a visa applicant’s needs are too burdensome for the community.

“The minister retains the powers to intervene in cases where there are compassionate and compelling reasons for someone to be granted a visa,” a spokesperson for his office told this masthead when asked about Luca’s case.

But an email to Luca from Home Affairs in September last year said Giles had no power to intervene after that opportunity had been exhausted under the previous government in May 2017, when former assistant immigration minister Alex Hawke determined it wasn’t in the public interest to step in.

Hawke’s refusal came three years after the former Migration Review Tribunal found that Luca possessed skills that would benefit the Australian community but decided not to overturn the government’s decision to bar him from gaining permanency because of his HIV status.

After Hawke refused to intervene Luca was given three weeks to leave the country, before his employer appealed to the then-government to allow him to stay. He was granted a special visa with temporary working rights, before switching to a partner visa with his New Zealand partner.

However, Luca questioned whether he could stay in the country permanently on a temporary basis when he is allowed to reapply next year. “This is a difficult question because it has taken a toll,” he said. “I spent the whole of my 30s with this thing on the back of my mind. I wasn’t able to see my family for many years, not able to settle down and buy a house. I’m running out of options.”

Greens immigration spokesman David Shoebridge said Luca’s was a clear case where Home Affairs’ attitudes and policies had failed to take into account changing community sentiment and advances in medical treatment.

“In 2024, an HIV diagnosis should not be a reason for Home Affairs to refuse permanent residency in Australia,” he said. “We need a federal government that fights this kind of misinformed stigma on HIV, not one that reinforces it.”

Canada: Advocates call for end to Canada’s discriminatory HIV partner notification policy

HIV organisations in Canada call for the immediate revocation of immigration policy that harms people with HIV

This statement can be attributed to HALCO, the HIV Legal Network, and COCQ-SIDA.

June 21, 2023 – The HIV & AIDS Legal Clinic Ontario (HALCO), HIV Legal Network, and La Coalition des organismes communautaires québécois de lutte contre le sida (COCQ-SIDA), are deeply concerned about the continued application of the “Automatic Partner Notification Policy” (“the Policy”) by Immigration, Refugees and Citizenship Canada (IRCC) and are calling for the Policy to be immediately revoked.

The Automatic Partner Notification Policy requires individuals living with HIV who are applying for permanent resident status through a family class sponsorship or as a dependent family member of a refugee to inform their sponsor of their HIV status. Applicants must also provide the IRCC with proof of such notification within 60 days. Otherwise, applicants must withdraw their application or wait until the IRCC informs their sponsor. This Policy discriminates against people living with HIV, including by violating their right to equal treatment under s. 15(1) under the Charter of Rights and Freedoms.

Applicants are tested for many illnesses during medical examinations as part of the immigration process. However, IRCC requires only those living with HIV to choose between revealing their health condition or withdrawing their application. IRCC does not impose this requirement on applicants living with any other health conditions, including other sexually transmitted or blood-borne infections. Moreover, provincial and territorial public health authorities already, and more appropriately, address these issues, with each having specific procedures to be followed after a positive HIV diagnosis.

The Policy can also add a year or more to the already lengthy immigration process because applicants living with HIV are required to attend an interview, which is not normally required in permanent residence applications. This is expected to have a disproportionate harmful impact on gay, trans, Black, and other racialized people, without any justification.

While this Policy is intended to “protect” public health, it does the opposite by increasing stigma and perpetuating stereotypes that people with HIV are inherently dangerous and deceptive. The Policy is also based on stereotypes about risks of HIV transmission, which are much lower than commonly assumed. While HIV can only be transmitted through specific activities (e.g. HIV cannot be transmitted sexually by people with suppressed viral loads or when a condom is used properly and does not break), the Policy treats every applicant as posing a high risk of transmission.

IRCC policies must comply with the Charter and uphold the human rights of people living with HIV. The Automatic Partner Notification Policy is invasive, discriminatory, and arbitrary, and must be revoked.

Russia: Medical documents showing negative HIV status and no drug addiction required for stays over 90 days

Migrants may be required to provide the Ministry of Internal Affairs with a certificate of the absence of HIV infection

Automated translation – For original article in Russian, please scroll down

MOSCOW, November 19. / TASS /. Labor migrants and foreign citizens who have arrived in Russia for a period of more than 90 days may be obliged to provide the Ministry of Internal Affairs with medical documents showing the absence of drug addiction and HIV infection from December 29. This follows from the draft order prepared by the Ministry of Internal Affairs of the Russian Federation, which was reviewed by TASS.

“To approve the procedure for submission by foreign citizens and stateless persons who arrived in the Russian Federation for purposes not related to the implementation of labor activities, for a period exceeding 90 calendar days, or for the purpose of labor activity, to the territorial body of the Ministry of Internal Affairs of the Russian Federation <…> documents confirming the passage of a medical examination for the presence or absence of the fact of their use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, infectious diseases that pose a danger to others, <…> and a disease caused by the human immunodeficiency virus (HIV -infection) “, – the document says. At the same time, it is noted that “this order comes into force on December 29, 2021”.

As follows from the document, foreigners must submit medical documents to the Ministry of Internal Affairs within 30 days from the date of expiration of the previously issued medical documents confirming that they have passed a medical examination. In the event that a foreign citizen has not reached the age of 18 or is recognized by a court as incompetent, documents can be submitted by one of his parents, guardians or trustees.

“Medical documents can be submitted at the place of residence of a foreign citizen on paper – directly to the migration department of the territorial body of the Ministry of Internal Affairs of Russia, or to an enterprise or an authorized organization, or in the form of an electronic document signed with an enhanced qualified electronic signature, using the federal state information the system “A single portal of state and municipal services (functions)” to the territorial body of the Ministry of Internal Affairs of Russia, “the draft order says.

In the event that the documents are drawn up in a foreign language, then they must be translated into Russian, the correctness of which must be notarized. Upon admission, the authorized person must check the full compliance of the documents with the established standards, and then issue a certificate of receipt. At the same time, if a migrant submits medical documents in electronic form, then an electronic message is sent to him about their acceptance no later than the working day following the day they were received. Subsequently, information about the receipt of medical documents is entered into the information system of the Ministry of Internal Affairs of Russia, intended for the provision of public services, within three working days from the date of their receipt.

Мигрантов могут обязать предоставлять в МВД справки об отсутствии ВИЧ-инфекции

Приказ может вступить в силу 29 декабря

МОСКВА, 19 ноября. /ТАСС/. Трудовых мигрантов и иностранных граждан, прибывших в Россию на срок более 90 дней, могут обязать с 29 декабря предоставлять в МВД медицинские документы об отсутствии у них наркозависимости и ВИЧ-инфекции. Это следует из подготовленного МВД РФ проекта приказа, с которым ознакомился ТАСС.

“Утвердить порядок представления иностранными гражданами и лицами без гражданства, прибывшими в РФ в целях, не связанных с осуществлением трудовой деятельности, на срок, превышающий 90 календарных дней, либо в целях осуществления трудовой деятельности, в территориальный орган МВД РФ <…> медицинских документов, подтверждающих прохождение медицинского освидетельствования на наличие или отсутствие факта употребления ими наркотических средств или психотропных веществ без назначения врача либо новых потенциально опасных психоактивных веществ, инфекционных заболеваний, представляющих опасность для окружающих, <…> и заболевания, вызываемого вирусом иммунодефицита человека (ВИЧ-инфекции)”, – говорится в документе. При этом отмечается, что “настоящий приказ вступает в силу с 29 декабря 2021 года”.

Как следует из документа, представить медицинские документы в МВД иностранцы должны в течение 30 дней со дня истечения срока действия ранее выданных медицинских документов, подтверждающих прохождение ими медицинского освидетельствования. В случае, если иностранный гражданин не достиг 18 лет или признан судом недееспособным, документы может представить один из его родителей, опекунов или попечителей.

“Медицинские документы могут быть представлены по месту пребывания иностранного гражданина на бумажном носителе – непосредственно в подразделение по вопросам миграции территориального органа МВД России, либо в предприятие или уполномоченную организацию, либо в форме электронного документа, подписанного усиленной квалифицированной электронной подписью, с использованием федеральной государственной информационной системы “Единый портал государственных и муниципальных услуг (функций)” в территориальный орган МВД России”, – отмечается в проекте приказа.

В том случае, если документы составлены на иностранном языке, то они подлежат переводу на русский язык, верность которого должна быть нотариально засвидетельствована. Уполномоченное лицо при приеме должно проверить полное соответствии документов установленным нормам, после чего выдать справку об их получении. При этом, если мигрант подает медицинские документы в электронном виде, то ему направляется электронное сообщение об их приеме не позднее рабочего дня, следующего за днем их получения. В последующем сведения о получении медицинских документов вносятся в информационную систему МВД России, предназначенную для предоставления государственных услуг, в течение трех рабочих дней с даты их получения.

New Zealand: HIV no longer blocks residency in New Zealand, but mandatory testing stays

Immigration removes HIV from list of high cost conditions

HIV is no longer considered a high cost condition following a policy review by the Immigration Minister. However, NZ is still among just 18 countries that will require migrants to get an HIV test for a visa or residence.

HIV infection has been removed from Immigration New Zealand’s list of medical conditions deemed likely to impose significant costs or demands on New Zealand’s health services after a review.

Immigration NZ has a list of more than 40 medical conditions, including HIV, deemed to impose “significant costs” on the public health system and/or education services.

Migrants seeking to apply for a work to residence visa have to complete a character test, which includes a police check, as well as a medical check known as the Acceptable Standard of Health (Ash) test.

New Zealand’s publicly-funded health services are tax-funded and provide universal coverage for citizens, residents, and people on work visas staying for more than two years.

An Immigration NZ medical assessor determines whether the applicant is unlikely to impose significant costs on health services to pass the medical test. If applicants don’t meet the Ash requirements then they can seek a medical waiver.

For more than a decade, Immigration NZ has kept the threshold of “significant costs” at $41,000 per year within a period of five years from the date the assessment against health requirements is made or a lifetime if it is a chronic condition.

After years of advocacy, Immigration NZ has decided to remove HIV infection from the list.

However, New Zealand will continue to require HIV testing as a requirement for visa applicants intending to stay for more than 12 months, along with all other existing examination and test requirements.

INZ policy integration director Nick Aldous says the decision to remove HIV infection from Immigration NZ’s list of high-cost health conditions is because it is now considered to be a manageable chronic illness, and treatment costs are no longer considered significant.

However, Aldous says the continued testing requirement for visa applicants intending to stay in the country for more than a year is because HIV is still considered a serious chronic illness and can present a risk to public health given it’s easily spread through unprotected sexual contact and sharing contaminated needles.

The change came into effect on October 15.

According to the United Nations AIDS Still Not Welcome report published in 2019, 203 countries, territories and areas did not have any HIV-related restrictions on entry, stay and residence.

“We are so glad that the tireless mahi over many years has resulted in this step towards dismantling HIV stigma at an immigration level and has brought our country’s policies closer in line with the latest scientific and public health recommendations. It’s a proud moment.”
– Jason Myers, New Zealand AIDS Foundation

New Zealand is among 18 countries that still did, including Australia and Israel.

In a letter to the New Zealand AIDS Foundation, Immigration NZ chief medical officer Rob Kofoed said the removal of HIV infection from the list meant the individual health circumstances of each visa applicant with the condition could be assessed on a case by case basis.

INZ was previously obliged to determine that a resident visa applicant with HIV did not have an acceptable standard of health.

New Zealand AIDS Foundation chief executive Jason Myers said the decision came as a relief.

With appropriate treatment, he said, people living with HIV who maintained undetectable viral load do not transmit the virus through sexual contact, and treating HIV here no longer poses significant costs on the public health budget.

“We are so glad that the tireless mahi over many years has resulted in this step towards dismantling HIV stigma at an immigration level and has brought our country’s policies closer in line with the latest scientific and public health recommendations. It’s a proud moment.”

Myers did not comment on the requirement for testing still being part of the visa and residence process.

An Indian migrant, who did not want to be named, told Newsroom he is relieved by the news.

The man who was tested positive for HIV last year says INZ’s policy added to the anxiety and uncertainty he felt when he first learnt of his diagnosis.

“There is still a lot of stigma attached to it back home. I had many sleepless nights. I didn’t know how to tell my family back home, or work,” he says.

“I contacted lawyers last year who told me it is going to be really hard to apply for residency because it’s not up to acceptable health standards.”

But the man says removing the condition from the high cost list was “life changing” for him.

“I feel like the battle is finally over. No more having to convince immigration and the Ministry of Health. I think it’s a celebration for migrants.”

But he says INZ should do away with the ongoing requirement of testing for HIV, as it has removed it from the list of medical conditions.

“It’s irrelevant. If they’re removing it from the list, then why would you want to do the test? That’s not clear to me.”

Green Party MP Ricardo Menéndez March is seeking a full review of the “ableist” medical requirements from Immigration Minister Kris Faafoi.

Menéndez March said ideally the list should be removed from the health criteria qualifying residency, saying he was disappointed that migrants would still be required to undertake HIV tests for visas.

“For too long the Government has stigmatised migrants living with HIV and prevented them from being able to obtain visas on the basis of their diagnosis.

“Mandatory HIV testing for migrants only compounds to the existing stigma and the Ministry of Health released a report making it clear HIV testing should remain voluntary and only undertaken with the patient’s knowledge, consent and understanding that an HIV test is recommended.”

Disability advocates have also been calling on INZ to remove these medical requirements.

Faafoi told Newsroom last week he planned to review the Ash threshold.

“The details of the health requirements are still being worked through and will be made publicly available once immigration instructions have been signed.”

The Ash requirements for the newly announced one-off 2021 Resident Visa would not be reviewed, he said.

“The health requirements will be limited and will only screen for the most serious health conditions.”