|
Project SafeCom News and Updates 8 October 2005
|
Project SafeCom
|
Oct 07, 2005 20:42 PDT
|
Project SafeCom News and Updates 8 October 2005
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
¤ - In this Edition - ¤
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
1. Lawyer denies deal signed to return Solon
2. Hundreds 'detained illegally'
3. Department's culture is cruel, inhumane and racist
4. Ombudsman reveals 3-yr wrongful detention case
5. Inquiry probing wrongful detention claim
6. Wrongful deportation no laughing matter
7. Ailing Alvarez Solon awaits a promise
8. Alvarez's family 'relieved'
9. Migration system 'endangers' sex trade victims
10. Not the reception she hoped for
11. Make-shift Broome detention camps 'unfair'
12. DFAT also at fault in Solon case: Labor
13. Labor calls for action over Solon case
14. PM rejects calls for Vanstone's sacking
15. Vanstone not to blame: Howard
16. Govt must share blame in Solon case: minor parties
17. Concern over Bakhtiyari apologies
-||+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+
-|| This is the Project SafeCom Newsletter - also published
-|| as the RAC-VIC Newsletter (Racvicnews) since July 2004 by agreement
-|| with RAC Victoria, which endorsed that their news service be
-|| managed by Project SafeCom. More information about us below.
-||+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+
================================
1. Lawyer denies deal signed to return Solon
================================
ABC ONLINE NEWS
Saturday, October 8, 2005. 10:26am (AEST)
Lawyers for wrongfully deported woman Vivian Alvarez Solon have denied
claims they have reached an agreement with the Federal Government on a
compensation package.
Ms Solon is still in the Philippines after being unlawfully deported from
Australia in 2001.
One of her lawyers, George Newhouse, has described as "fanciful nonsense"
newspaper reports that a deal has been struck for Ms Solon to return next
Sunday.
He denies that a document on the agreement is expected to be signed on Monday.
In a statement, Mr Newhouse says Ms Solon's legal team will write a letter
to the Australian Government's solicitor early next week that he hopes will
enable her return as soon as possible.
http://www.abc.net.au/news/newsitems/200510/s1477611.htm
======================
2. Hundreds 'detained illegally'
======================
The Age
By Jewel Topsfield
Canberra
October 8, 2005
A DAY after the Immigration Department was lambasted over the illegal
removal of Vivian Alvarez Solon, the Commonwealth Ombudsman has revealed
another person may have been wrongfully detained for three-and-a-half years.
In a disturbing indication that Ms Alvarez Solon's removal and Cornelia
Rau's detention could be just the tip of the iceberg, the Ombudsman is
investigating a further 221 cases where people were released from
immigration detention after they were found to be lawfully in Australia.
Ombudsman John McMillan told a Senate inquiry yesterday that while the
period of detention was less than a day in some cases, in one it was up to
1272 days.
"The purpose of the inquiry is to determine whether any or all of that
period was a period of wrongful detention," he said.
Professor McMillan said Ms Alvarez Solon's case was the only known time an
Australian citizen had been illegally removed.
But he said many of the 221 cases were complex and sensitive and it could
take his office up to two years to complete the investigation. A team of
six to eight would work on the cases.
Refugee and Immigration Legal Centre co-ordinator David Manne said people
could have substantial compensation claims if they were found to have been
unlawfully detained. "It is very disturbing that the investigation could
take up to two years and appears to point to an extraordinary lack of
resources," he said.
Professor McMillan told the inquiry into the Migration Act that the 221
detention cases, referred to his office by the Immigration Department had
been divided into eight groups.
Of those, 50 people had been detained because of incorrect data. "The kinds
of problems are, for example, DIMIA's records not being up to date or
incorrect information being recorded about a person's visa conditions," he
said.
Another 11 people had mental health problems, meaning that correct
information had not been obtained. This was the case for mentally ill
Australian resident Cornelia Rau, who spent 10 months in a Queensland
prison and Baxter detention centre.
Professor McMillan said the legal status of others had changed after court
decisions.
Prime Minister John Howard yesterday ruled out sacking Immigration Minister
Amanda Vanstone over the Alvarez Solon fiasco, saying she could not be held
responsible for mistakes made by individuals in the Immigration Department.
"No, I haven't lost any faith in her," he said. "I think she is a gutsy,
able minister who has my full confidence."
Professor McMillan told the inquiry the Ombudsman's office was
investigating the use of character grounds to deport long-term Australian
residents who had been convicted of criminal offences.
In July, the Federal Court overruled Senator Vanstone's decision to cancel
the visa of convicted felon Stefan Nystrom, who had lived all but four
weeks of his life in Australia, and deport him to Sweden.
Professor McMillan said he started the investigation after complaints from
people whose visas were cancelled although they had lived most of their
lives in Australia.
He said some faced deportation to countries where they did not speak the
language and had no family or friends. Others had countries of origin that
no longer existed.
http://www.theage.com.au/news/immigration/hundreds-detained-illegally/2005/10/07/1128562999759.html
======================================
3. Department's culture is cruel, inhumane and racist
======================================
Turkish Weekly
7 October 2005
The culture in the Immigration Department was cruel, inhumane and racist,
Canberra migration agent and human rights advocate Marion Le said yesterday.
She believed the cultural problem had come from the top - former
immigration minister Philip Ruddock and current Minister Amanda Vanstone.
"When you've got departmental officers consistently lying or not passing on
information to the head of the department and ... passing misinformation to
the minister, you've got a major cultural problem which can only be
addressed by management coming in and making sure the systems are put in
correctly," she said.
The Federal Government issued yesterday the report, by former Victorian
Police commissioner Neil Comrie, into the wrongful deportation of
Australian citizen Vivian Alvarez.
The findings were in keeping with the experiences of asylum-seekers who Ms
Le had or was representing such as the Kola couple, Albanian Serbs who fled
the Milosevic regime.
Ms Le said sacking Senator Vanstone would not solve the problems in the
department. Senior officials had to go from person to person and "pull out"
those with poor attitudes to counter the cruel culture.
Canberra Times
Friday, 7 October 2005
http://www.turkishweekly.net/news.php?id=20505
======================================
4. Ombudsman reveals 3-yr wrongful detention case
======================================
ABC ONLINE NEWS
Friday, October 7, 2005. 11:31pm (AEST)
The Commonwealth ombudsman has revealed he is investigating the case of a
person who was held in immigration detention for more than three years
before being found not to be an unlawful citizen.
Professor John McMillan raised the case while appearing before a Senate
committee today to answer questions about his scathing report on the
wrongful deportation of Vivian Alvarez Solon.
Professor McMillan says he is looking into more than 200 cases of
immigration detention, one of which lasted for up to 1,272 days.
"The purpose of our inquiry is to examine whether any or all of that period
was a period of wrongful detention," he said.
"All I can say is that when the matter is explored, it will be the subject
of a public report."
Solon case
Professor McMillan's report on the wrongful deportation of Ms Solon, based
on former Victorian police commissioner Neil Comrie's investigation, found
the handling of her case was "catastrophic".
Asked by the Senate hearing to characterise the seriousness of his report,
Professor McMillan said: "I think you'd have to say it's probably about the
most damning report that's been prepared," he told the committee.
The Prime Minister, John Howard, agrees the report was a "bad read".
"Certainly the department has had a number of very, very bad reports," he
said.
"I can't say too much about the Alvarez case except to repeat the apology I
have given to the lady on behalf of the Government for what happened,
because there are still discussions going on about matters of compensation.
But I have read the detailed summary of former Commissioner Comrie's report
and clearly it's a bad read."
But while Mr Howard is very critical of the Immigration Department, he does
not think Immigration Minister Amanda Vanstone should take responsibility
for the bureaucracy's serious failings.
"The present minister was, to be fair to her, was not the minister at the
time," he said.
The Prime Minister says Senator Vanstone's not to blame because she was not
directly responsible for Ms Solon's deportation.
"There are thousands of people in the Immigration Department. I mean, if
somebody in a remote part of a department makes a mistake, to automatically
say that because of that mistake the minister has to resign would mean
that, to be quite frank, ministers would be resigning all the time through
no personal failing of their own," he said.
"If the minister is personally responsible for a failing or clearly has
directed a course of conduct which brings about the failing then that's
another matter."
Culture
But Labor's Foreign Affairs spokesman Kevin Rudd is demanding a ministerial
scalp.
"The problem in the Department of Immigration was that there was a culture
which allowed this to happen. Now a culture goes beyond one or two people.
A culture is laid out by successive years of administration of a portfolio,
in this case by [former Immigration Minister] Mr Ruddock and then by
Senator Vanstone.
"It's very cute for the Prime Minister to say, oh, not my problem, I don't
know how this culture emerged in the Immigration Department, it must've
been someone else's fault.
"Last time I looked, Mr Howard had been Prime Minister of this country for
10 years. Cultures grow over that period of time."
http://www.abc.net.au/news/newsitems/200510/s1477489.htm
===============================
5. Inquiry probing wrongful detention claim
===============================
The Age
October 7, 2005 - 3:49PM
The immigration department may have wrongfully detained a person for 1,272
days, or almost three-and-a-half years, an inquiry has been told.
Commonwealth Ombudsman John McMillan revealed to a Senate inquiry he was
investigating the case of a person who had possibly been wrongfully
detained for more than three years.
The case was among 221 incidents where a person was detained by immigration
and was later found to be lawful.
"In some cases the detention was for less than a day," Professor McMillan
told the Senate committee in the Migration Act.
"In one case though it was up to 1,272 days."
He said his office was investigating whether the person locked in
immigration detention for more than three years was wrongfully detained for
the entire period or part of it.
"One of the persons whose cases is being reviewed was in detention for
1,272 days and so the purpose of our inquiry is to examine whether any or
all of that period was a period of wrongful detention," Prof McMillan said.
"I can't give any more information at this stage.
"When the matter is explored it will be the subject of a public report."
However, Prof McMillan said he was unaware of the wrongful deportation of
any Australian citizens, other than Vivian Alvarez, who was wrongfully
deported to The Philippines in 2001.
"The unofficial answer that I've always been given is the removal of Ms
Alvarez is the only known case of the removal of an Australian citizen," he
said.
Prof McMillan said it was likely to take his office two years to
investigate the 221 cases of possible wrongful detention.
"The estimate in the present funding is that it could take the office two
years to work through this group of cases," he said.
"But if one bears in mind, for example, the length of time it took just to
complete the inquiry in the Cornelia Rau (an Australian resident who was
wrongfully detained) and the Vivian Alvarez cases, and in each case there
was a team of four or five people just working on a single case, it's a
complex and sensitive and difficult area that we're working through."
Prof McMillan, who released former Victorian police commissioner Neil
Comrie's report into Ms Alvarez's deportation which described the
immigration department's handling of the case as catastrophic, said
immigration officers who proceeded Ms Alvarez deliberately did it as
quickly as possible.
Mr Comrie's report was scathing of the department's lack of inquiries to
properly identify Ms Alvarez.
"Some of the officers interviewed by Mr Comrie said they indeed thought
that the hasty removal of Ms Alvarez was an exercise in good performance
rather than an exercise in defective performance," Prof McMillan said.
He said immigration officers were more concerned about deporting people
quickly rather than worrying about their welfare.
Prof McMillan said, as far as he understood, Immigration Minister Amanda
Vanstone's office had not been investigated in relation to the Alvarez
case, despite Mr Comrie's report revealing a lapse of up to 16 days between
the time when the minister's office was alerted by Ms Alvarez's former
husband that she had been deported and when action was taken.
Labor's immigration spokesman Tony Burke renewed his calls for a royal
commission into the immigration department to ensure the minister's office
can also be investigated.
"Amanda Vanstone is desperately trying to make sure no one investigates her
office," he said.
"She wants to pretend that the cultural problems in the department are
completely within the department and that she's not in any way part of them."
Prof McMillan was also critical of privacy issues, saying they held up his
investigation into immigration matters.
"Both of these reports (Alvarez and Rau) make the point that the issue
would have at least been resolved earlier had privacy not been raised by
the department," he said.
"We're impeding our investigation and making them more protracted and in
response there's been a recent amendment to the Ombudsman Act to enable
departments to provide information to the ombudsman without concern about
breach of the privacy act.
"Privacy concerns, perceived or actual, are becoming an obstacle to the
flow of information within government and are impeding good administration."
© 2005 AAP
http://www.theage.com.au/news/National/Inquiry-probing-wrongful-detention-claim/2005/10/07/1128562987234.html
===============================
6. Wrongful deportation no laughing matter
===============================
The Age
EDITORIAL
October 8, 2005
The problem with the doctrine of ministerial responsibility under the
Howard Government is that it has all but ceased to exist.
AMANDA Vanstone had the effrontery this week to make a lame joke as a
damning report into the egregious case of Vivian Alvarez Solon was handed
down in Canberra. Let's make it clear what happened to Ms Solon: she was
found bleeding and dishevelled in a park in the NSW town of Lismore.
Wrongly assumed to be a sex slave and illegal immigrant by an Immigration
Department officer, despite her apparent physical and mental health
problems, within four months Ms Alvarez Solon had been bundled onto a plane
and removed to the Philippines under police guard. The former chief
commissioner of the Victoria Police, Neil Comrie, did not mince words in
his assessment of the case. He called the handling of Ms Alvarez Solon, an
Australian citizen of 15 years' standing, a "shameful episode" in the
nation's administration of immigration. "DIMIA's overall management of the
case can only be described as catastrophic," Mr Comrie said. "It is almost
unthinkable that in contemporary Australian society one of our citizens
could be unlawfully removed from the country by a government department."
Were it not for the persistence of Ms Alvarez Solon's former husband, her
case might never have come to light. The frightening fact is that some 20
other cases of Australian citizens being unlawfully detained have since
come to public notice. Another celebrated case, that of mentally ill
Australian resident Cornelia Rau, has also seen the failings of the
department subject to separate inquiry and condemnation.
Senator Vanstone, the Minister for Immigration, saw fit to make light of
this when asked if she — as the responsible minister — ought to resign.
There was no sign of contrition. Dismissing successive calls for her to
resign she said: "I'm thinking of trying to buy the copyright on Elton
John's song I'm Still Standing, but I don't want to tempt fate. So I'll
just play it to myself quietly at night." Such drollery was hardly
befitting the circumstances. Such an inappropriate response is not reason
enough to call for Senator Vanstone's head. But being the minister in
charge of a dysfunctional department certainly is. The buck, as US
president Harry Truman famously acknowledged, has to stop somewhere.
Prime Minister John Howard has chosen to adopt a literal approach to
ministerial — responsibility as it is commonly understood under the
Westminster system of government. But in fact, ministers from both sides of
politics have been compelled to resign — or have chosen to resign with
dignity — for less serious indiscretions than those of Senator Vanstone or
her ministerial predecessor, Philip Ruddock. Yesterday Mr Howard was
sticking to the absurd line that Senator Vanstone had not been directly
involved and was therefore absolved from responsibility. The fact is that
this government has allowed, if not actively fostered and encouraged, the
growth of a culture within the Immigration Department that allowed for
cases such as those of Ms Alvarez Solon and Ms Rau to be pursued with such
rigour. Senator Vanstone has been the minister for two years now. She
simply cannot claim to have been unaware of just how objectionable the
conduct of her department has been in such matters. The litany of failures
within the Immigration Department has already claimed its head, Bill
Palmer. He has been pushed into the prestigious post of ambassador to
Indonesia. Lesser bureaucrats will doubtless be compelled to fall on their
swords as a signal that change is being brought to the department.
The Government has pledged $230 million over five years to improve the
department. This is welcome, but it will take more than money to overcome a
cultural problem within the department. It will also take leadership. The
leadership of both Senator Vanstone and Mr Ruddock has been gravely
inadequate. If the Government is serious about making a fresh start in this
arena, then surely this must start with the minister. Senator Vanstone has
had her chance and has demonstrated a marked ineptitude when it comes to
the difficult issues that this portfolio presents. She should now step aside.
Paradoxically, as the Howard Government has sought to protect its citizens
from terrorism and illegal immigration, it has degraded some of the very
qualities that have made Australian citizenship valuable. Aside from the
great personal injustice done to her, this is the real tragedy of the
Vivian Alvarez Solon affair.
http://www.theage.com.au/news/editorial/wrongful-deportation-no-laughing-matter/2005/10/07/1128562999903.html
=============================
7. Ailing Alvarez Solon awaits a promise
=============================
The Age
By Connie Levett
South-east Asia Correspondent
Manila
October 8, 2005
FOUR months of daily therapy have not eased the pain for Vivian Alvarez
Solon, whose body still aches, though her mind is stronger.
Every Monday afternoon she rings her younger son, and on Saturdays she
calls her older boy.
The Australian citizen who was illegally and unceremoniously ejected from
Australia in 2001 remains in Manila, silent, waiting for the Australian
Government to offer the care guarantees that she will need to return.
"She is still in a wheelchair, but with a little help she can stand up and
walk a few metres," said her oldest brother Felino Solon jnr, her principal
carer for the first three months of her return from obscurity. "But she
feels faint in the body and very, very tired."
Ms Alvarez Solon's Manila-based lawyer met her yesterday but would not
comment on when she might return to Australia. Her younger sister Lillian
Solon is now caring for her and expected to travel with her when
arrangements are finally made.
"Mentally I think she has improved, but her physical condition, she always
complains of pain in her body," Mr Solon said. "She has occupational
therapy, she does exercises every day, sometimes for one hour, sometimes
for two hours.
"Her span of concentration is very short. She responds, but in her mind it
seems like she is dreaming. Then she'll recall the conversation a week
later and continue it," he said.
"Every Monday 1.30-4pm she calls her son by phone. On Saturday she speaks
to Daniel (her older son) when he is out of school, I think," Mr Solon said.
He said the amount of help his sister receives had lessened over time.
Initially, she was supported by a Centrelink adviser and a consular
officer, and was provided with transportation.
"They are giving them a hard time, the transport has been removed, around
the end of August. They still have it for medical appointments," he said.
"And the Centrelink helper went back about the same time I did (at the end
of August). Amy, the consular officer, is not there any more."
A Centrelink spokeswoman would not comment on support. A Prime Minister's
Department spokeswoman said the Government was covering costs including Ms
Alvarez Solon's accommodation, a $100 daily allowance, care-support
transport and treatment in Manila. She said a family liaison officer was there.
"The family liaison officer did come back to Australia after Vivian
extended her stay (in Manila), but an officer has since gone back," she said.
Mr Solon had not heard the findings of the Comrie report on the
Government's treatment of his sister. "I am not in a position to say (about
her treatment at the time of the deportation)," he said.
http://www.theage.com.au/news/immigration/ailing-alvarez-solon-awaits-a-promise/2005/10/07/1128562999762.html
===================
8. Alvarez's family 'relieved'
===================
news.com.au
From: AAP
By Jade Bilowol
October 07, 2005
VIVIAN Alvarez's family said today it was prepared to give Immigration
Minister Amanda Vanstone the benefit of the doubt over her wrongful
deportation.
Brisbane-based Henry Solon today said he was relieved his half-sister Ms
Alvarez was returning to Australia next week after being wrongfully
deported to the Philippines in 2001.
Senator Vanstone has rejected calls for her resignation following this
week's release of a damning independent report that labelled the
Immigration Department's treatment of Ms Alvarez's case as "catastrophic".
It found at that at least four times since Senator Vanstone was appointed
minister in 2003, departmental officers covered up Ms Alvarez's deportation.
Senator Vanstone insists she had no knowledge of the bureaucratic blunder
before an email was sent to her office this year.
Mr Solon today said he had to give Senator Vanstone the benefit of the doubt.
"If these people (the bureaucrats) were not telling their boss, you can't
blame them," Mr Solon said.
"I think they are unaware, that they are not being talked to."
He said he was looking forward to seeing his half-sister when she came to
Brisbane – where she used to live before she was deported – after she
touched down in Sydney.
"I haven't seen her for about four years – I last saw her in early 2001
before she was deported," Mr Solon said.
"I was told she would be back by Monday – she will be in Sydney for about
three to six months for medical checks.
"I've got my family here so I can't get down there but I will see her when
she comes back to Brisbane with her two sons."
He said he hoped Senator Vanstone's promise to pour $230 million into the
troubled department – some of which is to be used to build a school to
education senior officers – would ensure no-one else had to endure Ms
Alvarez's ordeal.
"I hope so. It's just been one big big bungle, blunder whatever you want to
call it .... it needs to improve," Mr Solon said.
"I was fuming when I found out she had been deported ... they lied, they
covered it up, swept it under the carpet."
http://www.news.com.au/story/0,10117,16846063-29277,00.html
===================================
9. Migration system 'endangers' sex trade victims
===================================
ABC ONLINE NEWS
Friday, October 7, 2005. 5:04pm (AEST)
A Senate inquiry has heard the Government needs to develop a better system
to deal with people who are not refugees but who face danger if returned to
their home country.
The president of the Human Rights and Equal Opportunity Commission (HREOC),
John von Doussa, told the inquiry into the Migration Act he wants to see
the process formalised so it does not rely on ministerial discretion.
"There ought to be some additional procedure, a procedure which can be
compelled, and a procedure that has some review mechanisms at the end," he
said.
Mr von Doussa says there should be a better remedy for people, including
women trafficked in the sex trade, who are in serious danger if Australian
authorities deport them.
"If a trafficked woman, who wouldn't come within the definition of refugee,
is sent back to the country from which she's trafficked, in many instances
there's a high likelihood that that person will be dealt with by the
traffickers," he said.
The Commonwealth ombudsman, John McMillan, agrees there are now fewer
checks and balances.
"A person taken into detention in the past had to be brought before a
magistrate, and that check has gone," he said.
He says in the wake of the wrongful deportation of Vivian Alvarez Solon,
the Immigration Department will be subject to greater scrutiny.
"We won't look at every individual case, but if we do a regular periodic,
and a sample audit, I'd like to think that's as good a system as you can
design," he said.
Professor McMillan says he also supports the HREOC idea.
http://www.abc.net.au/news/newsitems/200510/s1477320.htm
=========================
10. Not the reception she hoped for
=========================
Sydney Morning Herald
By Jeni Porter
October 8, 2005
A mobile phone black spot put the Immigration Minister, Amanda Vanstone, in
a black mood with the ABC yesterday.
Senator Vanstone accused the national broadcaster of inventing a bad line
to cut her off mid-sentence during a radio interview.
Her on-air bickering with the host made compelling radio for the show's
500,000 listeners.
The minister started out loud and clear as she was interviewed by Fran
Kelly on Radio National's breakfast show about the Neil Comrie report on
her department's wrongful deportation of Vivian Alvarez Solon.
Senator Vanstone was talking on her car phone on her way to a Liberal Party
breakfast in Adelaide. As she was making a point about technical issues
raised by Mr Comrie which she felt the media had overlooked, Kelly pointed
out some technical problems of her own - namely, that Senator Vanstone's
phone line was breaking up. "Minister, we are losing your line here - I'm
not sure if you are going through a tunnel," the presenter said.
Senator Vanstone replied: "I'm in a perfectly clear area … There's
perfectly clear reception on my part." Kelly might be having troubles, she
said, but not enough trouble to stop interrupting her.
Kelly let her keep talking despite the line breaking up, and copped another
ministerial bark when she told Senator Vanstone the line seemed clear again.
The program's producer, Tim Latham, said he would normally have called it
quits with such a bad line, but kept the interview going for fear of
further aggravating the minister by cutting her off. "What hurt us most is
the suggestion … that Fran Kelly was lying about the problems with
reception," he said.
Senator Vanstone's press adviser said his boss was still cranky about a
fiery interview the night before on ABC's PM program, when she felt Mark
Colvin had talked over her.
http://www.smh.com.au/news/national/not-the-reception-she-hoped-for/2005/10/07/1128563002786.html
==================================
11. Make-shift Broome detention camps 'unfair'
==================================
ABC ONLINE NEWS
Friday, October 7, 2005. 4:16pm (AEST)
The Federal Government is facing criticism from civic leaders in Broome,
Western Australia, over its handling of an influx of Indonesian fishermen.
For years, Indonesian fishermen caught in Kimberley waters have been held
at a small detention facility outside town.
But recently the system changed and about 25 Indonesians are now being
housed at backpacker accommodation and in tents at the town's turf club.
Security guards have been flown to Broome to guard the make-shift camp.
Broome Shire president Graeme Campbell says it is still unacceptable.
"I don't think that it is fair to this town to have the people here in such
a manner," he said.
He says the boats are getting far too close to the coast.
"You listen to ministers who say that there isn't really a problem, and
these people aren't touching base on the coast," he said.
"Anecdotally they are, and I'd respectfully suggest that Broome is far too
far from Canberra."
Federal Fisheries Minister Ian McDonald says it is only a short-term
solution until a permanent detention facility opens in Darwin next year.
http://www.abc.net.au/news/newsitems/200510/s1477271.htm
===============================
12. DFAT also at fault in Solon case: Labor
===============================
ABC ONLINE NEWS
Friday, October 7, 2005. 4:00pm (AEST)
By Louise Yaxley for The World Today
The Federal Opposition says the role of the Department of Foreign Affairs
(DFAT) in the wrongful deportation of Vivian Alvarez Solon should not be
forgotten.
The former Victorian police commissioner, Neil Comrie, has described the
handling of Ms Solon's case as "catastrophic".
He singles out three senior immigration officials, who failed to take any
action in 2003 despite being told by more junior public servants that Ms
Solon was an Australian citizen.
Two of them are now under investigation, the other has retired.
Labor's Kevin Rudd says DFAT was told by the Queensland Police Service in
September 2003 that Ms Solon had been sent to a hospice for the dying in
the Philippines.
Mr Rudd says DFAT has also failed to act appropriately.
"This independent inquiry says that [Foreign Affairs Minister Alexander]
Downer's department failed to fulfil its obligations to an Australian
citizen," he said.
"This independent inquiry says that Mr Downer's department failed the most
basic test of acting properly in defence of the interests of an Australian
citizen."
Mr Rudd says Mr Downer should apologise to Ms Solon.
He questions why only Immigration Department staff are facing disciplinary
action.
"Not a single disciplinary action is being taken according to this report
against any of the departmental staff in the Department of Foreign Affairs
and Trade," he said.
Vanstone 'not responsible'
Labor and the minor parties have also called for action against the
ministers involved - current Immigration Minister Amanda Vanstone and her
predecessor Philip Ruddock, now Attorney-General.
Prime Minister John Howard has told Southern Cross Radio that Senator
Vanstone cannot be held responsible because she did not know.
"It stands to reason that if you've got thousands of people and you have
delegated decision-making responsibilities in the Immigration Department,
many of the decisions affecting whether people can go or stay are in fact
made independently of ministerial discretion," Mr Howard said.
"It'd be a different matter if the Minister personally had to decide on
every deportation."
http://www.abc.net.au/news/newsitems/200510/s1477241.htm
=============================
13. Labor calls for action over Solon case
=============================
The World Today - Friday 7 October 2005
Reporter: Louise Yaxley
ELEANOR HALL: The Comrie report into Australian citizen Vivian Alvarez
Solon's wrongful deportation has exposed serious problems not only in the
Immigration Department, but also in Australia's Department of Foreign
Affairs, according to the Federal Labor party.
Labor says public servants from the Immigration Department should not be
the only ones investigated over the matter. And it's demanding the Foreign
Minister, Alexander Downer, also apologise to Ms Alvarez.
The Prime Minister has renewed his apology to her, but he says there's no
case for any of the ministers involved to resign.
In Canberra, Louise Yaxley reports.
LOUISE YAXLEY: The former Victorian police commissioner, Neil Comrie,
described the handling of the Alvarez case as catastrophic.
He singled out three senior immigration officials who failed to take any
action in 2003 despite being told by more junior public servants that
Vivian Alvarez was an Australian citizen.
Two of them are now under investigation, the other has retired.
Labor's Kevin Rudd says Foreign Affairs Department's role should not be
forgotten.
KEVIN RUDD: Mr Downer's department knew that Vivian Alvarez had been thrown
into a hostel for the dying 18 months before Mrs Alvarez was eventually
found. In other words, Mr Downer's department knew for 18 months that an
Australian had been illegally deported and thrown into a hostel for the
dying and did nothing about it.
This independent inquiry says that Mr Downer's department failed to fulfil
its obligations to an Australian citizen. This independent inquiry says
that Mr Downer's department failed the most basic test of acting properly
in defence of the interests of an Australian citizen.
LOUISE YAXLEY: Mr Rudd says Alexander Downer should apologise and questions
why only Immigration Department staff are facing disciplinary action.
KEVIN RUDD: Not a single disciplinary action is being taken according to
this report against any of the departmental staff in the Department of
Foreign Affairs and Trade.
Let's be very clear about this. In September 2003, members of the
Department of Foreign Affairs – Mr Downer's department – were told by the
Queensland police that Vivian Alvarez had been illegally deported, dropped
off at Manila Airport, and then sent off to a hospice for the dying. That
was in September 2003. It was not until April/May 2005 that a Catholic
priest eventually tracked Vivian Alvarez down.
So for 18 months or more, Vivian Alvarez was allowed to rot in a hospice
for the dying because Mr Downer's department couldn't even lift a finger to
help her.
LOUISE YAXLEY: There is a separate inquiry into the two Immigration
Department officials who remain in the public service. But there are no
signs that there will be any disciplinary action at the higher ministerial
level.
The Prime Minister's told Neil Mitchell on Southern Cross Radio the
Immigration Minister, Amanda Vanstone, can't be held responsible because
she didn't know.
JOHN HOWARD: Neil, it stands to reason that if you've got thousands of
people and you have delegated decision-making responsibilities, in the
Immigration Department, many of the decisions affecting whether people can
go or stay are in fact made independently of ministerial discretion.
I mean it'd be a different matter if the Minister personally had to decide
on every deportation.
NEIL MITCHELL: But doesn't she take responsibility for the way her
department works? It's failed massively.
JOHN HOWARD: Well, certainly the department has had a number of very, very
bad reports. I can't say too much about the Alvarez case except to repeat
the apology I have given to the lady on behalf of the Government for what
happened, because there are still discussions going on about matters of
compensation. But I have read the detailed summary of former commissioner
Comrie's report, and clearly it's a bad read, I can't say more than that.
Clearly she was badly treated, and clearly she is deserving of the apology
that I've given.
LOUISE YAXLEY: But the Prime Minister's staunch defence of his Minister
hasn't deterred Labor's spokesman, Tony Burke, who insists Amanda Vanstone
can't change the Immigration Department culture and she must go before it
can be fixed.
ELEANOR HALL: Louise Yaxley in Canberra.
http://www.abc.net.au/worldtoday/content/2005/s1476934.htm
===============================
14. PM rejects calls for Vanstone's sacking
===============================
ABC ONLINE NEWS
Friday, October 7, 2005. 10:36am (AEST)
Prime Minister John Howard has strongly defended the decision not to sack
Immigration Minister Amanda Vanstone in the wake of scathing report into
her department.
Mr Howard says Senator Vanstone was unaware of the facts of Vivian Alvarez
Solon's deportation.
Former Victorian police commissioner Neil Comrie called the deportation
"catastrophic" in his report, saying there were systematic failings in the
Department of Immigration.
The Opposition is calling for the Minister to be sacked but Mr Howard told
Southern Cross radio that she has not breached the ministerial code of conduct.
"She was not personally aware of any these circumstances, in those
circumstances to say, 'well she has got to go anyway', that has never been
the doctrine of ministerial responsibility - ever," he said.
Opposition immigration spokesman Tony Burke says the only answer is for the
minister to go.
"Part of the solution is for Amanda Vanstone to be removed from that
portfolio," he said.
Opposition foreign affairs spokesman Kevin Rudd says Foreign Affairs
Minister Alexander Downer knew the whereabouts of Ms Solon 18 months ago
and should also apologise.
Senator Vanstone says no one single person is to blame.
She says the error came from problems with information technology and
record keeping in the department
"That answer does not suit those who want to see a ministerial head," she said.
The Democrats and the Greens say the Federal Government should accept its
policies had a role in the wrongful deportation of Ms Solon.
Immigration Department secretary Andrew Metcalfe has reiterated his pledge
to change the culture of the department.
He says a senior external consultant will be appointed to investigate the
conduct of three officers identified as being responsible.
Mr Metcalfe has also publicly apologised to Ms Solon and her family.
Lawyers for Ms Solon say they are nearing an agreement with the Government
which could see her return to Australia very soon.
http://www.abc.net.au/news/newsitems/200510/s1476747.htm
==========================
15. Vanstone not to blame: Howard
==========================
PM - Friday 7 October 2005
Reporter: Alexandra Kirk
MARK COLVIN: The Commonwealth Ombudsman, fresh from having completed a
scathing report on the wrongful deportation of Vivian Alvarez, has revealed
that he's now investigating the case of someone who was detained by the
Immigration Department for more than three years.
The Ombudsman, Professor John McMillan, says yesterday's was the most
damning report he'd ever prepared.
The Prime Minister agrees it's a "bad read" for a department that's had a
number of "very, very bad reports". But he's refusing to take any action
against his Immigration Minister, Amanda Vanstone. Mr Howard says she's not
to blame because she was not directly responsible for Ms Alvarez' deportation.
From Canberra, Alexandra Kirk reports.
ALEXANDRA KIRK: The Ombudsman, Professor John McMillan's report on the
wrongful deportation of Vivian Alvarez, based on former Victorian Police
Commissioner Neil Comrie's investigation, found the handling of her case
was "catastrophic".
Appearing before a Senate hearing today, the Professor McMillan was asked
to characterise the seriousness of his report.
SENATE COMMITTEE MEMBER: Is this one of the more damning reports that the
Ombudsman would've produced about a Commonwealth department?
JOHN MCMILLAN: Yes. I think you'd have to say it's probably about the most
damning report that's been prepared.
ALEXANDRA KIRK: The Prime Minister doesn't take issue with that.
JOHN HOWARD: Certainly the Department has had a number of very, very bad
reports. I can't say too much about the Alvarez case except to repeat the
apology I have given to the lady on behalf of the Government for what
happened, because there are still discussions going on about matters of
compensation. But I have read the detailed summary of former Commissioner
Comrie's report and clearly it's a bad read.
ALEXANDRA KIRK: But while Mr Howard is very critical of the Immigration
Department, and the Minister Amanda Vanstone has been critical too,
demanding the culture in that agency has to change, he doesn't think
Senator Vanstone should take responsibility for the bureaucracy's serious
failings.
JOHN HOWARD: The present minister was, to be fair to her, was not the
minister at the time.
ALEXANDRA KIRK: The minister at the time, Philip Ruddock, says he's not
responsible either.
The Prime Minister says Amanda Vanstone's not to blame because she was not
directly responsible for Ms Alvarez' deportation.
JOHN HOWARD: There are thousands of people in the Immigration Department. I
mean if the… if somebody in a remote part of a department makes a mistake,
to automatically say that because of that mistake the minister has to
resign would mean that, to be quite frank, ministers would be resigning all
the time through no personal failing of their own.
If the minister is personally responsible for a failing or clearly has
directed a course of conduct which brings about the failing then that's
another matter.
ALEXANDRA KIRK: But Labor continues to demand a ministerial scalp.
Foreign Affairs Spokesman, Kevin Rudd.
KEVIN RUDD: The problem in the Department of Immigration was that there was
a culture which allowed this to happen. Now a culture goes beyond one or
two people. A culture is laid out by successive years of administration of
a portfolio, in this case by Mr Ruddock and then by Senator Vanstone.
It's very cute for the Prime Minister to say, oh, not my problem, I don't
know how this culture emerged in the Immigration Department, it must've
been someone else's fault.
Last time I looked, Mr Howard had been Prime Minister of this country for
10 years. Cultures grow over that period of time.
ALEXANDRA KIRK: And Labor wants to know why the inquiry into Vivian
Alvarez' deportation didn't extend to the involvement of Senator Vanstone
and her office.
Labor Senator Trish Crossin put that question to the Ombudsman, Professor
McMillan.
TRISH CROSSIN: When the Minister's Chief of Staff received an email from Mr
Young, that is Ms Alvarez' ex-husband I believe, 16 days before the
department was notified and then a further 10 days before it became public.
Now you make mention in this report of Mr Young contacting the Minister's
office, but your investigation seems to stop there. Why is that? Did you
look at why it was that there was at least 16 to 26 days had elapsed when
the Minister's office had had this email from Mr Young and in fact I think
even personally interviewed Mr Young, but then nothing was then done.
JOHN MCMILLAN: Can I take that question on notice and provide a written
response, Senator? The reason is that as the report explains, the inquiry
had been substantially undertaken by Mr Comrie at a time when the
Government requested me to take it over.
TRISH CROSSIN: Did you formally investigate the actions in the Minister's
office in the course of this report?
JOHN MCMILLAN: My understanding is no, but again I'll take that on notice.
TRISH CROSSIN: And can you also perhaps provide us why you didn't? It seems
to me that there's still another chapter of this report missing.
JOHN MCMILLAN: Again I'll take it on notice and provide a definitive
response, but my guess is that it's… well, I was thinking it might've been
to do with the terms of reference.
ALEXANDRA KIRK: The Commonwealth Ombudsman's still investigating more than
200 cases of immigration detention, people who were detained and
subsequently found not to be unlawful.
JOHN MCMILLAN: In some cases the detention was for less than… the detention
that's in dispute is for less than a day.
In one case, though, it was up to 1,272 days.
ALEXANDRA KIRK: That's raised the interest of Greens Senator Kerry Nettle.
JOHN MCMILLAN: The purpose of our inquiry is to examine whether any or all
of that period was a period of wrongful detention.
KERRY NETTLE: That's an extraordinarily long period of time to be in this
package… in this particular group of people, over three and a half years,
is there any more information that you can provide?
JOHN MCMILLAN: No, I can't give anymore information at this stage, but all
I can say is that when the matter is explored it will be the subject of a
public report.
KERRY NETTLE: Yes.
MARK COLVIN: That's Kerry Nettle, Senator Kerry Nettle of the Greens ending
that report from Alexandra Kirk.
http://www.abc.net.au/pm/content/2005/s1477399.htm
========================================
16. Govt must share blame in Solon case: minor parties
========================================
ABC ONLINE NEWS
Friday, October 7, 2005. 1:34am (AEST)
The Democrats and the Greens say the Federal Government should accept its
policies had a role in the wrongful deportation of Vivian Alvarez Solon.
An inquiry has blamed three immigration officers as well as a flawed
culture within the department for the mistake.
The Government has responded to the scathing report by promising $230
million to fix the problems.
Immigration Department secretary Andrew Metcalfe has reiterated his pledge
to change the culture of the department.
He says a senior external consultant will be appointed to investigate the
conduct of three officers identified as being responsible.
Mr Metcalfe has also publicly apologised to Ms Solon and her family.
Democrats Senator Andrew Bartlett says the Government must take its fair
share of the blame for the Solon case.
"I don't think that you can just lay all the blame on them and say it was
just an aberration," he said.
Greens Senator Kerry Nettle agrees, and says the problem is wider.
"It is this Government and this Minister that are responsible for the
failures of the Department of Immigration," she said.
"Whilst we have a policy of mandatory detention, where people are locked up
and then we ask questions later, we will continue to have failures and
abuses within the system."
Mr Bartlett says changes in the Immigration Department must be led from the
Prime Minister down.
"The culture of a department comes from the Government policies and from
the laws they administer," he said.
Opposition foreign affairs spokesman Kevin Rudd says Foreign Affairs
Minister Alexander Downer knew the whereabouts of Ms Solon 18 months ago
and should apologise.
"Vivian Alvarez Solon continued to rot in a hospice for dying for another
18 months because Mr Downer's department couldn't be bothered to lift a
finger to track her down, despite the fact that they'd been given
information about where she was," he said.
"Mr Downer, at a minimum, owes Vivian Alvarez a public apology and
disciplinary action needs to be taken in relation to his departmental
officers."
Lawyers for Ms Solon say they are nearing an agreement with the Government
which could see her return to Australia very soon.
http://www.abc.net.au/news/newsitems/200510/s1476547.htm
===========================
17. Concern over Bakhtiyari apologies
===========================
The Advertiser
By LAURA ANDERSON
07oct05
CONCERNS were raised the Bakhtiyari brothers were encouraged to apologise
to the Federal Government in the "false hope" it would help them to return
to Australia.
One of the family's main supporters, Centacare director Dale West, said:
"It concerns me if someone is advising them to do this, for a chance to get
to go back to Australia (to study).
"In an email on Tuesday Alamdar talked about not wanting to have
involvement in the media. This is in stark contradiction to that, which
leads me to conclude they have been influenced by some people."
The comments came as Immigration Minister Amanda Vanstone said they were
unlikely to get visas to return to study in Australia.
She said a three-year ban prevented the return of anyone removed from
Australia.
Alamdar, 16, and Montazer, 15, this week blamed supporters for their
deportation to Pakistan in December.
http://www.theadvertiser.news.com.au/common/story_page/0,5936,16841880%255E911,00.html
-||+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+
-|| This is the Project SafeCom Newsletter - also published
-|| as the RAC-VIC Newsletter (Racvicnews) since July 2004 by agreement
-|| with RAC Victoria, which endorsed that their news service be
-|| managed by Project SafeCom. More information about us below.
-||+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+
-||+-+-+-+-+-+-+-+-+-+-+-+
-||- Project SafeCom info
-||+-+-+-+-+-+-+-+-+-+-+-+
Online archives of our News & Updates:
http://lists.topica.com/lists/safecom/read
Project SafeCom has operated a "virtually full-time" operations office
since TAMPA. At Project SafeCom, an Incorporated Association in Western
Australia, we exist from donations, the sale of some items via our website,
and from memberships. You can make a donation by transferring funds to our
account at Bendigo Community Bank Kulin, BSB Number 633-000. Account name:
Project SafeCom Inc., account 11564 3900, or by sending a cheque or money
order to our address below.
P.O. Box 364 - Narrogin WA 6312 - Phone 0417 090 130
+-+-+-+
LINKS:
+-+-+-+
ROYAL COMMISSION Petition: download it, print it, put it out - everywhere
around town: http://www.safecom.org.au/royal-commission.htm
The bLog - FIXING AUSTRALIA: http://www.safecom.org.au/fixing-australia.htm
What's New - this page lists all the new additions to the website -
hundreds of pages: http://www.safecom.org.au/whatsnew.htm
Project SafeCom events page: http://www.safecom.org.au/events.htm
The Reading Room: http://www.safecom.org.au/readings.htm
The Project SafeCom shop: http://www.safecom.org.au/products.htm
Our Baxter page: http://www.safecom.org.au/baxter.htm
Project SafeCom's No War position: http://www.safecom.org.au/no-war.htm
.
|
|
 |
|
