Media Q and a - Sri Lankan Arrivals 6 March 2007

8/12/2019 Media Q and a - Sri Lankan Arrivals 6 March 2007

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UPDATED Media Q&A - Sri Lankan unauthorised arrivalstssue:' Q&A on situation regarding the group of 85 people intercepted by HMAS Success andcunently accommodated on Christmas lsland,UPDATED HOLDING TALKING POINTS:. Exploratory discussions are continuing between Australia and lndonesiaregarding the possibility of readmission of the group,o lndonesia and Nauru both remain options for the handling of the group.. While the Government is considering options, clearly no action would be takenwhich would brdach our intemational obligations.Previous Talking points.,

o The group of 85 people intercepted by HMAS Success on 20 February weretransfered to Christmas lsland on 24 February.. They are being temporarily accommodated on Christmas lsland while healthchecks and information gathering processes continue.are offshore entry people under the Migration Act and, in line withGovernment policy, will be managed off-shore and will not beto the mainland.

stralian Government is exploring a range of options for the handling ofPreliminary discussions have commenced with both lndonesia andthe Government is considering options, clearly no action would be takenwould breach our intemational obligations.

Any suggestions that Australia would deny the opportunity for refugee claims tobe processed in accordance with our international obligations or agree to anarrangement which would see refugees retumed to a country where they facepersecution are wrong.lf asked:But they have claimed asylum. How can you even be considering returning themto lndonesia?

o Discussions with the lndonesian governmenl so far have been preliminary..o lndications are the group left from lndonesia to come to Australia.. There are long-standing anangements in place with lndonesia underwhich

relevant international organisations provide care and support for asylum seekersin lndonesia and the UNHqR is able to conduct refugee assessments there -and refer those found to be refugees for resettlement in third countries.09/03/07 6 00PM


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IttWttlITTITItt 1:me needS br$P tr.ro, and oth*s, aren'tgoingfo De process ed on Chistmas lsland, whya- ifgf- rnment spending $400 million to build a new centre on the island?

lnam m intematiOna1 0bli ,ie bback to lndonesia only if they can access these arrangements.It's been repofied the lndonesians intend to send them back to Sri Lanka. lsn'tthis a breach of Australia's international obligations?

o Discussions with the lndonesian government so far have been preliminary.. While the Government is considering options, clearly no action would be takenwhich would breach our international obligations.. Any suggestion that Australia would agree to an arrangement which would seerefugees returned to a country where they face persecution is wrong.

Couldn't they be processed o n Christmas lsland?. The Australian Government continues to explore a range of options for thehandling of this group.

are offshore entry people under the Migration Act and, in line with

g f suci.sstul in siemmlng the flow of unauthorised boat arrivals, the Centre'scapacity needs to be available.. The Govemment needs to send a strong message of deterrence to peoplesmugglers.

What about the two lndonesians who were on board the vesse/? Wouldn'treturning them to lndonesia be refoulement?o The two lndonesians on board were crew. They have been interviewed and haveno Protection claims.rThetwolndonesianmenhaveappearedbeforeChristmaslslandCourtchargedwiiir Hrtigration Act offences. They'have been remanded into AFP custody toappeat in a Perth court on Tuesday (1313107)'

What will happen to the Sri Lankans if they go back to lndonesia?o We are still in the preliminary stages of considering this option' so it would beinaPProPriate to speculate'

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o We would ensure our international obligations are met.There are long-standing anangements in place with lndonesia under whichrelevant intemational organisations provide care and support for asylum seekersin lndonesia and the UNHCR is able to conduct refugee assessments there -and refer those found to be refugees for resetilement in third countries.ln accordance with Australia's international obllgations, the group would be sentback to lndonesia only if they can access these anangements.

Was the AFP aware of this boatload of Sri Lankans before it lefl lndonesia?r Australian government agencies, including the AFP work closely wiih theirregional counterparts to combat people smuggling.o We do not comment on specific AFP operational issues.

pydd ra sfOng ror tte goverIPmenfro ma a sraremerf e vesser wasOr1 19 Fea,office of the Minister for lmmigration and Citizenship first responded toia inquiries aboutlhe vessel at about 8:30pm on 20 February.ministi;r released a detailed media statement at spm on 22 February.

rake sO rOng for tte gro fo be broughr rO srmas rsra ` hythey taken there immediately?

We needed io gather more information about the group and consider a range ofoptions before a decision could be made.At all times, our highest priority was their health and wellbeing. They were welllooked afterwhile on board HMAS Success.

why were th.e pegple kept waiting on the wharf at christmas lsrand before theywere moved to the detention centre?' once they came off HMAS success, customs and quarantine officiars had tocomplete their standard entry checks.

Will they be taken to Nauru from Christmas lsland?o we are.exproring a range of options for the handring of this group. preriminarydiscussions have commenced with Nauru.o lf .it is. decided they wiil be moved to Nauru, this wourd be done in accordancewith the existing MOU we have with the ruluruan government.Have they claimed asylum?

' we are stirr going through initiar checks but we understand that some members09/03/07 6.00PM 3


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of the group have indicated that they wish to seek asylum. r As a matter of course, the government will ensure Australia'S intemationalobligations continue to be met.Have the Sri Lankans claimed they are the victims of torture and trauma in thelrhome country?o For privacy reasons, we do not discuss details of what individuals may ciaim.. Any specific claims will be assessed in accordance with Australia's internationalobligations.ls it true that at least some of them have IINHCR documentation?. UNHCR documentation relating to two people was found on board the vessel

and this is being examined further and has been shared with UNHCR.'t there more than two of the group known to the UNHCR ln Jakarta?

and the UNHCR are cross-checking whether individuals at Christmaswere registered as asylum-seekers with UNHCR in lndonesia. We areour way through that process which is ongoing.sfrarFab rerrarrOna aros rO reFagees2

ln this context, Australia's principal obligation to refugees is not to retum(refoule) them, directly or indirectly, to a country where they face persecution.can Australla be assured that lndonesia would not return Sri LankanrO sri a a?f Australia could be satisfied by specific assurances from the lndonesiangovernment (taking into account past practice of the lndonesian authorities inletting asylum seekers remain in lndonesia to have their asylum claims heard byUNHCR and, if found to be refugees, to remain there until resettlementopportunities are found in third countries).Are you in discussions with the Sri Lankan government about return options?. No,Have Sri Lankan officials been ih contact with the Auslralian Governmentregarding this group?

r Yes, they have made inquiries about their nationals.. We have not provided identifying information on the individuals.. Any individual in the group can have consular access, if they request it.You say they are offshore entry people but they didn't even reach Australianwaters, lf they didn't enter Australian territory, how can they he offshore entry

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people?. This vessel was not engaged in any legitimate commercial activity whendetected and intercepted by Border Protection Command.o Their intent to reach Christmas lsland was made clear. They had no laMul basis

to do this.o Under the Migralion Act, there is no distinction made as to how someone arrivesat an excised offshore place, and thereby becomes an offshore entry person.o Their boat was unseaworthy, which is why they were transported to Christmaslsland on board HMAS Success.But hasn't the Govemment made them offshore entry people by picking them upat sea and taking them to Christmas lsland?

o Their boat was unseaworthy, and their lives were potentially in jeopardy. That iswhy they agreed to board HMAS Success.r As I said, their intent to reach Christmas lsland was clearand the Migration Actmakes no distinction as to how someone arrives at an excised offshore placeand thereby becomes an offshore entry person.

Are they all healthy?

0health issues are apparent at this stage. Health checks are being canied outChristmas lsland.

e ationary oFfe group2reey a SiLa2V

ldentity checks are still to be carried out.83 claim to be Sri Lankan and 2 ciaim to be lndonesian.

all men? Any children?84 are men and on Monday afternoon one was found to be a juvenile aged over17 yearc.

. Arrangemenls have been made to move him into alternative detention in thecommunity, with another of the group as a companion. He is also under GSLsupervision.

. He will be able to visit with the group at the centre during the day.r ln line with Govemment policy, juveniles now do not spend any time insideimmigration detention centres other than as voluntary visitors. This applies to all

centres including Christmas lsland.Where are they being accommodated on Christmas lsland?09/03/07 6.00PM 5


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o 83 are in the Christmas lsland lmmigration Detention Centre and two (thejuvenile and a companion from the group) are in alternative detentionanangements.

Why was a juvenile kept in a detention centre at all? lsn't that a breach of thePri me M inister's com mitment?. No. The Government's policy is that children should only be detained in a centreas a last resort.o He was accorhmodated in the centre only while his age was confirmed andessential health clearances were carried oul.

Will they have access to consular and legal support?. All immigration detainees have access to legal and consular assistance, wherethey request it.

ls it true that the 83 Si Lankans have requested legal assistance?o All immigration detainees have access to legal and consular assistance, wherethey request it.. For privacy reasons, l'm not discussing this in further detail.

Who else is detained on Christmas lsland?e As at 24 February, there are six others - two other men in the centre and aof four living in residence determination anangements in the community.

happened with thelr vessel?vessel has been scuttled.

people smugglers be prosecufed as a resun of the boat arrival?joint taskforce - comprising of DIAC, AFP and other agencies, has

an operation in relation to this group, lt's inappropriate to discussfurther while the operation is ongoing.conlirm media reports that lndonesian pglice are about to arrest twosmugglers associated with this boatload?

. We do not discuss operational issues.tsthisgroupofs3SriLankanspartofabroaderg-roupof200.ormoretryingtoreach Ausialia? can you confirm media reports that more sri Lankan asylumseekers wilt attempt to get to Australia?

.Thereareoftenreportsofpeopleattemptingtomoveillegallyintheregion.

. The Australian Government has in place appropriate and effective measures to09/03/07 6.00PM 6


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protect our borders.ls fhis the start of a new wave of boatpeople?

/. As demonstrated by the Border Protection Command's detection andinterception of this boat, Australia's border protection regime is working.

o We have in place appropriate and effective capabilities to manage ourbo rders and p reserve Austra I ia's sovereig nty.o The Australian Government remains committed to combatting thedangerous and insidious trade that is people smuggling.

When was the last unauthorised arrival? How many have there been in thepasfyear?. [n 2005-06, there were 50 mainland unauthorised arrivals and 6 offshorearrivals, making a total of 56 people who arrived unauthorised by boat.. Prior to this boat, in 2006-07 there have been three boats arrive in excisedoffshore places:' o B Burmese who arrived on Ashmore Reef in August.o 2 Vietnamese and an lndonesian who anived on Ashmore Reef inOctobero 40 PNG citizens who arrived on Saibai lsland in January and returnedhome voluntarily.

C:eared by:PSTF6 March 2007

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Media Q and a - Sri Lankan Arrivals 6 March 2007

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