Monday 15 April 2013

Australia's immigration processes "procedurally flawed"

Refugee activists say they are horrified by the case of a Chinese man, who has sought protection in Australia after allegedly escaping torture in his homeland.

The Falun Gong practitioner's case was backed by the United Nations, but the Australian Government has not accepted the findings.

Correspondent: Karen Barlow

Speakers: Mr Chen, Falungong practitioner and asylum-seeker; Veronica Spasaro, refugee advocate, Balmain for Refugees

BARLOW: (sfx Chinese) The scars are fading, but the man who wishes to be known as Mr Chen can't forget.

CHEN: I was beaten while they handcuffed me by the bars.

BARLOW: Mr Chen practices Falun Gong.. the spiritual discipline outlawed in China since 1999. Its strong following, independence from the state and incitement of so-called disturbances were seen as a threat to the communist party.

CHEN: When I was detained by police I was beaten by the police with an electric stakes and fists and I was also burnt by the cigarettes.

BARLOW: In one case, Mr Chen says he was detained for 16 days.. and tortured every day and told to renounce his beliefs and give up the names of those who practiced Falun Gong with him. He says his home was ransacked, his belongings taken and he was beaten heavily..

CHEN: After I was released it took me about one month to recover. My whole body was really beaten up.

BARLOW: Mr Chen fled China in 2004 and came to Australia for protection (CUT: in 2004), leaving his wife and two sons. There's a grandson he has never seen. Supporters say a negligent migration agent mishandled his case. Mr Chen was ordered to a hearing, but the migration agent never told him to attend.

Veronica Spasaro is from Balmain for Refugees

SPASARO: In fact, that meant by the time he had exhausted all procedures in the domestic processes, he'd never actually been interviewed in person about his claim or his evidence

BARLOW: This led to an eight-year legal limbo and fears of deportation.

SPASARO: We'd exhausted every avenue.. we were convinced there was a grave injustice about to be made.

BARLOW: Mr Chen 's case was taken to the United Nations' Committee Against Torture in New York, which ruled last November that deportation would "Breach article 3 of the UN convention against torture.. " and that Australia's immigration processes were "..procedurally flawed."

The Australian Government response was to.."Not necessarily accept the conclusion" of the UN committee.

Veronica Spasaro spearheaded the UN effort on Mr Chen's behalf. .

SPASARO: When we read that response we were really appalled and horrified, actually.

BARLOW: Mr Chen's supporters say he suffers from trauma not only from torture and persecution in China... but from the eight year process of trying to stay in Australia.

It appears he now has to restart the process for protection."

THE Australian Permanent Mission to the UN wrote that the government was considering whether Mr Chen could "make a further application for a protection visa."

Veronica Spasaro says the response is opened ended.

SPASARO: The horrifying part really is, the possibility that he may in fact be given the opportunity to re-apply for protection, and of course if the last opportunity has taken eight years to play out, the next opportunity could also take eight years potentially.

BARLOW: A spokeswoman for the Immigration Minister Brendan O'Connor says Mr Chen's claims and the findings of the United Nations Committee Against Torture will be given due consideration." Mr Chen just wants to get on with his life, which he says he won't have if he is returned to China.

CHEN: A lot of Falun Gong practitioners are tortured to death so this may happen to me as well.

BARLOW: He is also very concerned about his family back home.. he says he has been informed on by fellow detainees in the Villawood detention Centre in Sydney.

CHEN: Some deported back to China already.. they told the police I was still practising Falun Gong. The police threatened my family that I should go back to China soon, quickly . And last year in November my wife was detained for about 4 to 5 days.

BARLOW: Mr Chen's been diagnosed with Post-Traumatic Stress Disorder.

CHEN: I have no choice. I am afraid of going back to China.

BARLOW: So it is life in limbo.. for Mr Chen.

No comments:

Post a Comment