RACNSW MEDIA RELEASE
Sunday, July 27, 2003
LAST MINUTE COURT ACTION PREVENTS FORCIBLE DEPORTATION
Refugee advocates have accused the Immigration department of ignoring
its own procedures and the legal rights of detainees as the department
resorts to the forcible deportation of asylum seekers. A federal court
injunction prevented the deportation of an Algerian man on Saturday only
twenty minutes (20 minutes) before the flight was to depart Perth
international airport.
The man was being forced onto the plane when the phone call from the
government solicitor stopped the deportation.
The attempted deportation followed two other forcible deportations last
week - a seven year old Iranian girl was deported on Wednesday night and
Ali Ali Mazhar, the bother in-law of Ali Bakhtiyari was deported on
Thursday night.
The Algerian man was taken on Friday night by chartered flight from
Villawood, Sydney to Perth detention centre on Friday night even though
he had made application to the Minister of Immigration to consider
further evidence of his claims for protection. Since his first
application to the Refugee Review Tribunal, his two brothers were shot
dead in January this year and another brother tortured by police in
February.
The attempted deportation was carried out despite assurances from the
government that it does not remove asylum seekers while such
determinations (48B) are being made.
The Algerian man told immigration officials at Villawood of his
application, but was told, " I don't care what you have. You are going
today." His request to phone for legal assistance was refused. Both the
Sydney and Canberra immigration offices were made aware of his application.
He was forcibly taken to Bankstown airport at 11.00pm after fighting
attempts to forcibly sedate him at Villawood detention centre. Up to
eight guards and a male nurse were used to restrain him at Villawood.
Two guards and the male nurse accompanied the Algerian on the chartered
flight to Perth.
It was last minute action in the federal court on Saturday morning that
resulted in an injunction being granted to prevent the deportation.
"It is a disgrace that Federal Court injunctions are needed in these
circumstances. The government seems willing to ignore refugee rights in
order to get the outcomes that the government wants. The government is
trying to get around its own laws " said Ian Rintoul a spokesperson for
the Refugee Action Coalition.
"The forcible deportations are deliberately being used to intimidate
Afghan, Iranian and other refugees and coerce them into accepting
packages to be returned to unstable and insecure countries," he said.
Legal action is being taken in the High Court on Monday to challenge the
legality of the deportation of a 7 year old Iranian girl from Baxter
last Thursday. She was deported without the consent of her father who
was being held in an isolation cell at the Baxter detention centre.
Refugee advocates are certain that the High Court or family Court would
have issued an injunction to prevent her deportation
Refugee advocates this week will step up their campaign against the
deportation of asylum seekers. There are concerns that the government
will try to thwart orders from the Family Court on Monday to release
children from detention by deporting the children or the family.
For more information phone Refugee Action Coalition, Ian Rintoul 0417
275 713 (For comment concerning the attempted deportation of the
Algerian man, contact Frances Milne ph 02 9810 7812)
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