Andrew Bartlett (Queensland, Australian Democrats) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Immigration and Citizenship. Can the minister confirm that the government has been endeavouring to immediately deport a Chinese man back to the People’s Republic of China, despite the fact that the United Nations Human Rights Committee have requested that deportation not occur until they have completed an investigation into this case? Is it the case that this man is today in a Sydney hospital following a serious attempt at self-harm? Can the minister also confirm if this person’s Australian visa was cancelled as the result of an arrest warrant from Chinese authorities, and is the Australian government absolutely confident that this arrest warrant is genuine? Can the minister indicate if it is true that this Chinese man in question is Christian and has a family from a Christian background? Is the Australian government confident that religious persecution has ceased in China, and that there is no prospect of the man being persecuted if he is returned to that country?

Chris Ellison (WA, Liberal Party, Minister for Human Services) Share this | Link to this | Hansard source

I can confirm that there is a Chinese national in custody, and I note that Senator Bartlett has not identified him, so I will proceed on that basis. A Chinese national has been in custody since 2004, and that is as a result of his visa not being granted, and, as he has no lawful reason to stay in Australia, he will be deported. I should say at the outset that I understand he has had the opportunity of having his situation reviewed. There was a last minute request from the UNHCR—it was an interim measures request—asking that he not be removed and that is being considered. The department deferred those removal arrangements for that to be dealt with. It provided no new information and, as a result of that, the plan is to deport this Chinese national today, subject to a medical assessment of his situation. This person has been in custody since February 2004. There were a number of issues to be considered during that time and various avenues that this person had pursued by way of appeal. Also, there has been an arrest warrant in China for some time for this person for very serious charges relating to alleged kidnap and murder.

Of course, the death penalty is an issue between the two countries of China and Australia and a period of time has been taken up in obtaining the necessary undertaking from the Chinese authorities that, on return of this person, if there was a conviction, the death penalty would not be carried out. That has now been obtained. That accounts for the effluxion of time for this person being in detention. There has been adequate opportunity for him to canvass his position. This has been exhaustively reviewed under Australia’s international obligations under the Convention against Torture and the International Covenant on Civil and Political Rights. I am advised that the issue of this person’s religious beliefs is not a factor in this case.

Andrew Bartlett (Queensland, Australian Democrats) Share this | Link to this | Hansard source

I ask a supplementary question, Mr President, and thank the minister for that answer. Can the minister clarify whether there is still an investigation underway by the United Nations committee, or is it the case that the government has simply acknowledged that but is choosing to act to deport this person anyway, despite the fact that the investigation has not concluded? And is that not a departure from what is normal practice in regard to immigration deportations? Given the minister’s comments on discussions with the Chinese authorities about sending this person back in regard to particular charges, can the minister indicate whether this process has followed the normal level of independent assessment that would apply with an extradition matter, with all of the safeguards in place, or is this basically being done solely at a government-to-government level?

Chris Ellison (WA, Liberal Party, Minister for Human Services) Share this | Link to this | Hansard source

I will reiterate that the department deferred removal arrangements while the interim measures request was considered; it provided no new information beyond that which had been extensively examined; and the action to deport this person is consistent with the government’s policy on dealing with United Nations commission requests for the removal of unsuccessful asylum seekers—and that was announced in the year 2000. I do believe, and I will check this to make sure that it is right, that the Australian government has written to the UNHCR indicating its knowledge of this request, providing information on the extensive process undergone in Australia to consider this gentleman’s claims and inviting any views or considerations which the UNHCR might want to offer. But the government believes that its actions are consistent with the policy it announced in 2000 and that there has been, over the period since 2004, adequate opportunity for independent assessment of this person’s situation.