The quality of mercy?

[Tuesday, 15 November 2011 21:22] Featured, Human Rights Articles, News

15 November 2011

111 Comments

Bruce Haigh

There is a Tamil man from the north of Sri Lanka, sitting in an immigration detention facility in Victoria. He has been assessed as a refugee but is not allowed to be released. He is married. His wife is living with an Australian family.

The husband and wife are not allowed to spend time together. ASIO will not give him a security clearance. He will be in detention forever. It is sending the man and his wife mad. They are suicidal.

This situation, created by Australian politicians and government officials, is worse than a Kafka novel; it is worse than what happened under Apartheid.

Denisan Santhiyoku and his wife Antonet Innasimuthu met in the process of fleeing Sinhalese violence at the end of the civil war in Sri Lanka. Antonet was granted refugee status and released from detention Denisan was not.

Denisan has spoken to Australians concerned about the welfare and mental health of the couple. A record of conversation was compiled from a number of conversations.

"Denisan came from a fishing family, was educated and did a degree in fisheries at university. After that he worked for the Sri Lankan Government in the Fisheries Department. In 2000 there was pressure on him to join the EPDP."

Here it should be explained that the EPDP (Elam People’s Democratic Party) was a pro-government Tamil organisation funded by the Sri Lankan Government to undermine the activities of the LTTE. Those who belonged to it and worked for it were regarded as turncoats by Tamils in the north. Denisan refused to join the organisation. His father was adamant that his son should not get involved in politics. Denisan left his job and he and his father went prawning.

"The prawns were running in an area controlled by the LTTE; as for all business people regardless of their politics or wishes, they had to pay tax to both the LTTE and the Sri Lankan Government."

In 2003 Denisan ceased fishing and returned home. There was further pressure on him to join the EPDP. He fled the country to Malaysia where he worked as a volunteer for the Catholic Church for six years.

"By then, young men were being kidnapped and murdered in Sri Lanka. The war was at its worst and it was too unsafe to return to home so he came to Christmas Island from Malaysia by boat. Antonet was on that boat. They were separated at Christmas Island but made a commitment to each other and married in Maribyrong Detention Centre as soon as they were advised it was permitted. (24/6/11)

They have been refused any time together since arriving here on 12/7/2009. Denisan is now in his 9th year of being a refugee."

Serco have assessed them as being dignified, intelligent and hard working but advised that they can never spend any time together. Denisan has been assessed as being a non- violent person. He avoided getting involved in confrontations on Christmas Island, even though provoked.

There are several possible explanations for Denisan’s continued incarceration and they can all be sheeted home to the Sri Lankan Government and ASIO. One is that he is the victim of mistaken identity, another is that the Sri Lankan Government has fingered him as being a member of the LTTE because he refused to join their puppet organisation the EPDP.

ASIO have no independent means of ascertaining the background of Tamil asylum seekers. They must of necessity rely on the Sri Lankan Government for advice and clearances. But worse either through a mindset that has evolved over the past 10 years or because of continued vigorous lobbying by the Sri Lankan High Commission on behalf of their government or both, ASIO has deprived itself of the means and will to overturn unfair, ill-advised and biased decisions relating to refugees in the predicament of Denisan. And of course there is no review of ASIO decision making, so mistakes and incorrect decisions can hide behind the veil of secrecy; as I said just like Apartheid – a Kafkaesque nightmare, with no-one in ASIO or government having the courage to deploy commonsense or courage.

The Sri Lankan Government is bent on retribution of the vanquished Tamils. It is a racist, vindictive and ugly campaign. It is bullying. Tamils living in Australia have been the subject of abusive Sinhalese emails and so have I. The reason Sri Lanka found itself embroiled in a civil war was the violence and bullying directed at Tamils.

There is no move toward reconciliation. As a sop to international public opinion the government of Sri Lanka established a "Lessons Learnt and Reconciliation Commission". The Report of the UN Secretary General’s Panel of Experts on Accountability in Sri Lanka, found earlier this year that:

"…the LLRC fails to satisfy key international standards of independence and impartiality… In sum, the LLRC is deeply flawed, does not meet international standards for an effective accountability mechanism and, therefore, does not and cannot satisfy the joint commitment of the President of Sri Lanka and the Secretary-General to an accountability process."

Amnesty International says:

"Nevertheless in the face of domestic and international pressure, including from such allies as India, the Sri Lankan government has still refused to make a credible effort to seek accountability. Instead, as it has done often in the past two decades, the Sri Lankan government has established an ad hoc special commission, ostensibly to investigate and address wrong doing, but in fact to deflect international pressure and silence internal critics…In October 2010, Amnesty International, Human Rights Watch and the International Crisis Group declined an invitation to testify before the LLRC, noting its severe shortcomings, including the Commissions inadequate mandate, insufficient guarantees of independence and lack of witness protection."

From 1956 until 2008 there were 292 cases of state-sponsored violence against the Tamil community. These attacks are all on the public record. These attacks were eventually met with acts of indiscriminate violence, often amounting to acts of terror, by Tamils. But state sponsored indiscriminate violence also amounts to acts of terror. The one-sided view of history peddled by the Sri Lankan Government and its High Commission in Australia needs to be re-assessed by the Australian Government on behalf of all Tamils rotting in Australian detention facilities; and once re-assessed the Sri Lankan High Commission should be asked to cease its lobbying and special pleadings.

As the friends of Denisan and Antonet say, "Seeing the Australian public is paying for their permanent detention, we are entitled to know what they have done and if necessary see them charged in a court of law. As they have been observed 24 hours a day and all their communications accessible to ASIO and Serco over the years they have been in detention, there should be clear evidence by now against them, if ASIO adverse reports have any substance."

The quality of mercy is not strain’d;

It droppeth as the gentle rain from heaven

In Australia in recent times it has become very strained.

What about showing Denisan and Antonet some. Let them have a life.

Bruce Haigh is a political commentator and retired diplomat who worked in Sri Lanka and on the Refugee Review Tribunal

111 Comments

Add your comment

Thamilselvans ghost :

15 Nov 2011 7:00:18pm

"Denisan Santhiyoku and his wife Antonet Innasimuthu met in the process of fleeing Sinhalese violence at the end of the civil war in Sri Lanka."

Really Bruce? So he was ‘fleeing the violence at the end of the civil war’, way back in 2003? Interesting, given that the war actually ended in 2009, and there was a Europe backed cease-fire in place between 2002-2008.

Or maybe I misunderstood, you’re just saying they met in 2009, which is also when the war ended, while fleeing ‘Sinhalese violence’ in Malaysia (these pesky Sinhalese are everywhere, persecutin’, genocidin’ etc etc). You and your tales, Bruce.

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Sunny – the real one :

15 Nov 2011 6:55:49pm

Very interesting article, Bruce.

I am sickened by some of the bloody-minded responses. Perhaps, we should do a swap and send them to Sri Lanka to learn the hard way?

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Pink Diamond :

15 Nov 2011 5:53:26pm

I wish I had Bruce Haigh’s gifts and optimism – I have just read Paradise Lost – Smyrna 1922 – catastrophe created by governments and officials. We have a lot yet to learn about humanitarianism.

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Jane :

15 Nov 2011 4:44:27pm

Draw all you attention to 1 million refugees in Greek who are in worse conditions..or it is not political here right?

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Marilyn Shepherd :

15 Nov 2011 4:53:45pm

What are you protecting our borders from? A few thousand refugees from wars we started?

It’s not about border protection, it’s about the right to enter and ask for our help.

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Steve :

15 Nov 2011 5:32:40pm

Most here would prefer if they ring up, SMS, Tweet or send an email seeking assistance, rather than just arriving unannounced(Seems they can operate BPAY alright !) Or perhaps just call by one of our local embassy, that is there to assist the genuinely needy with help ! Instead some opt for very perilous and very costly country hopping journeys to reach the promised land.

Seems the sensible options and certainly the only options available to most of the genuine refugees, are deliberatley being ignored to either circumvent an orderly immigration process or to bury the truth of their real circumstances ?

And few of us have time for queue jumpers of any race or creed or under any circumstance !

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Victoria of Perth :

16 Nov 2011 12:04:01am

1) MUST leave county of origin to be a refugee: that is definition of refugee: outside country of origin

2) cannot go to Australian embassy and ask for refugee status (although I think that would be a good idea). Our embassy’s do not allow that. You pretty much have to actually get here (or be selected from a refugee camp)

3) where is the Australian embassy in Afghanistan? Burma? …ah…there’s the rub eh? kinda hard to go to an embassy where there isn’t one!

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Thursday :

15 Nov 2011 6:45:22pm

Marilyn: I’m all for better treatment of refugees but it’s completely innaccurate to say that refugees are all fleeing wars ‘we started’. Australia did not create the conflict in Sri Lanka. Or the military junta in Burma. Or the regime in Fiji. Even in the case of Afghanistan – plenty of people fled that country in the late ’90s when the Taliban came to power (especially Hazaras) long before the NATO action started.

Of course, none of the above changes the fact we are both morally and legally obliged to treat refugees with compassion. It just seems a bit patronizing how you are so intent to portray people from all other cultures as helpless victims of ‘the West’.

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Jim :

15 Nov 2011 6:59:27pm

There you go again. We get the feeling that you will abuse and bash around people who don’t agree with you.

The public will decide. You are free to do what ever you feel like doing..So there

With the kind of language/ vocabulary you are using everyone and anyone will keep a safe distance from you.

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Marilyn Shepherd :

15 Nov 2011 7:05:31pm

We didn’t start the war in Sri Lanka. Nice way of twisting things

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Thursday :

15 Nov 2011 8:57:00pm

Do non-Westerners have any agency at all in your universe Marilyn? Or do they just fumble around helplessly, destined to be either murdered by evil Westerners or recused by saintly Westerners.

We get many refugees from China. I dont think you can blame Australia or even the USA for that one.

As I said, I want better refugee policy and you are not helping the cause!

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Marilyn Shepherd :

15 Nov 2011 4:34:27pm

Let’s get this illegal business out of the way once and for all.

It is not illegal to enter Australia anyway people can to apply for refugee status.

Our parliament made that the truth 20 years ago.

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NICK :

15 Nov 2011 4:33:23pm

There are two possible scenarios.

1) The man in question has affiliation to LTTE and is a security threat to Australia.

2) The man in question does not have affiliation to the LTTE and should be released into Australian society with an appropriate refugee visa.

The real problem at hand is the problem of what to do to people who are deemed security threats once they come to Australia. We shouldn’t leave them imrpisioned without a charge.

On another note the current political regime in Sri Lanka led by a Sinhalese President is one of the most corrupt in the world. There is racism from both sides but times are changing esp in Colombo (cant say much about the rural areas). I think its too easy to simplify the situation to say all Sinhalese are racist scumbags considering the suffering they endured during the suicude attacks on the Colombo airport as well as attacks near army bases etc killing many civilians.

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scotty :

15 Nov 2011 3:55:43pm

""By then, young men were being kidnapped and murdered in Sri Lanka. The war was at its worst and it was too unsafe to return to home so he came to Christmas Island from Malaysia by boat"

Sorry – why didn’t he apply for refugee status in Malaysia? He spent 6 years there and was obviously safe – why does he not return there?

Could it be that in Australia we lay on welfare that is 5x the wages in Malaysia, plus free health care, legal services etc?

Sorry, he has options other than here, and he is a security risk.

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Monkster :

15 Nov 2011 5:13:43pm

Why didn’t he apply as a refugee to a country that hasn’t signed the refugee treaty?

Surely you can figure that one right?

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Victoria of Perth :

16 Nov 2011 12:05:32am

You can’t apply for refugee status in Malaysia!

Reply Alert moderatorSue :

15 Nov 2011 3:25:40pm

As usual, Marilyn Shepherd, that Adelaide arbitor of the Australian conscious and "busy body" is pushing for changes in migration that would come down to a "all in" and to hell with the social infrastructure and harmony we now have.

There should be no detention centres when there are no boat people and other illegal immigrants.

Marilyn, Santa is daed, get over it. You can’t replace him and we don’t want to nor can.

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Act Rationally :

15 Nov 2011 6:58:34pm

For someone living on the taxpayers coin, ‘ol Marilyn certaintly does do a lot of typing, working on a computer and information management. Aren’t there jobs that pay wages for those sort of activities?

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meredith :

15 Nov 2011 7:08:48pm

At least she has a heart. Where’s yours?? What are you so frightened of and why do you feel our Government cannot show mercy to genuine refugees? I am one Australian who wishes for a more compassionate policy.

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Mithu Kuna :

15 Nov 2011 3:11:41pm

The end of the world as we know it!

As you all can see what is happening. I am Tamil but have never been to Sri Lanka, I feel for my people but this is happening all over the world and there will be no end to this. You stop them here they will start somewhere else. Maybe they all have a different agenda maybe there are other entities controlling them, whatever it is, for as long as we depend on the government that really doesn’t do anything to better our lives this will keep happening, we are all only depending on the government to mentally control us. They will do whatever they want and if you oppose they will do worse just to prove their power!

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JohnnoH :

15 Nov 2011 3:02:59pm

The correct definition of justice is:- applying the law tempered by mercy.

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maggie :

15 Nov 2011 2:43:49pm

I feel sick in my heart and my stomach when I read some of thse responses. Why is there so little compassion for men and women and children who are caught in this nightmare of detention?

And why is there so much ignorance about human rights and the plight of refugees?

Is it really difficult for Australian citizens to understand the legal rights of a declared refugee or the trauma of an enforced separation with no right of appeal?

It would seem that the quality of mercy ‘does NOT droppeth as the gentle rain from heaven" in AUstralia.

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John :

15 Nov 2011 3:12:08pm

True. There is one million refugees in Greek detention probably going mad too. No mention of that either.

Perhaphs we should open the doors to them instead of just focusing on one individual.

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Fiona :

15 Nov 2011 3:20:03pm

I would ask why is there so little compassion for the tens of thousands in UN refugee camps ?, or the millions of refugees world wide ?. The answer seems to be that they don’t have people writing stories about them on The Drum, or lawyers pleading their cases.

We cannot help every deserving person in the world. Having the money to get on a boat doesn’t make you more ‘worthy’ than plenty of other refugees. This man managed to get on a boat, and decided to take his chance here, it hasn’t worked out so far. But to feel compassion for him, while ignoring the plight of all the other people who would like to come here, is disingenuous.

If we really feel that we have a responsibility to ever refugee in our region (let alone the world), why aren’t we compassionate enough to send our own boats over there, and give them a chance to get here without drowning ?. And do we then just accept every one of them at their word ?.

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Marilyn Shepherd :

15 Nov 2011 3:56:50pm

Because they have no legal right to come here dear, it is a voluntary migration program and even DIAC these days state that the humanitarian program has little sign of success for those who apply off shore.

Our obligation under the law IS FOR THOSE WHO ARE FRIGGING WELL HERE.

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Fiona :

15 Nov 2011 6:43:17pm

Yes, under the LAW, which is just a pile of words which can be changed. The law, as it stands, is unworkable, immoral, and should be changed, dear !.

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Marilyn Shepherd :

16 Nov 2011 2:13:47am

To what dear? We would be out of step with the entire world and we don’t get to change the refugee convention to satisfy morons.

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Russell :

15 Nov 2011 3:28:49pm

Maggie,

They are only coming here to gate cash our very generous refugee program.

But if that’s what the UNHCR wants that is what the UNHCR will get.

Every refugee accepted by boat means one less refugee from a camp around the world.

Australia must under no circumstance increase its humanitarian immigration target from 13,750 per year. This the most generous humanitarian immigration program per head of population of any country in the world, despite what the biased UNHCR statistics say. The UNHCR only wants to use these statistics to get Australia to increase its Humanitarian intake.

Let us be honest that our Humanitarian intake is our most expensive form of foreign aid per head of person assisted.

We must not increase our Humanitarian intake, when we have so many of our own people in Australia living on the streets, living in cars, going hungry, struggling to make ends meet and at a time when the Government needs slash spending because they are running a $50 Billion dollar budget deficit. If anything the Government should be reducing the Humanitarian intake.

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Marilyn Shepherd :

15 Nov 2011 3:57:53pm

THI9 IS NOT TRUE.

We have a small arbitrary VOLUNTARY REFUGEE PROGRAM.

It has no legal basis whatsoever and if you bothered with the latest DIAC blurb on it you would know that.

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Russell :

15 Nov 2011 5:02:27pm

Marilyn,

13,750 people per year isn’t small. It puts Australia in the top 5 countries in the developed world for acceptance of refugee type people on a per head of population basis, with only Canada and Sweden being able to claim to being consistently ahead of Australia.

But most of these 13,750 people in Australia’s Humanitarian Immigration Program may not strictly meet the criteria of being refugees, which is why most of them aren’t included in Australia’s Refugee numbers by UNHCR, but they are definitely of the refugee type.

I know for a fact that many of the people taken under the humanitarian immigration program, who are not included in the UNHCR statistics for Australia, were in much more dire need of assistance THAN any of the people accepted in Australia as an Asylum Seeker. Because these people didn’t arrive at their borders almost all other countries in the world wouldn’t even look at these desperate people. Explain that one Marilyn.

Australians should not be made to feel that Australia is taking an inadequate number of refugees to suit a UNHCR/minority/ethnic advocacy group agenda to get Australia to increase its Humanitarian Immigration Program. Australia is already doing more than its fair share.

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Marilyn Shepherd :

15 Nov 2011 6:11:40pm

It is miniscule in the world of 15 million refugees and it has nothing to do with the refugee convention.

It’s about one day of tourism.

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Tristan :

16 Nov 2011 1:25:13am

Show your evidence buddy and then I might believe you.

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Sophie :

15 Nov 2011 4:49:48pm

>>the trauma of an enforced separation with no right of appeal?<<

You mean like when my mother & father were separated as he was denied a visa to live in her home country where she was nursing two elderly and very sick parents? I’ve asked around and I don’t believe either of them were standing on a roof threatening to jump, on a hunger strike or threatening suicide over it – this was in the days that it took upto 3 months for letters to get where they were going and phone calls were prohibitively expensive.

They got on with it, as other people should do. Agree with the comments that he was clearly safe in Malaysia and should have stayed there.

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Tristan :

16 Nov 2011 1:26:21am

Yeah that threat of suicide definitely designed purely to make us feel sorry for them. Do you have a heart?

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nishantha paranamana :

15 Nov 2011 9:35:35pm

Hi Maggie,

I do understand your sentiments and would like to add few points which might help you to see things in a different prospective.There are refugees who decide to set sail due to economic advantages rather than human rights situations at their native countries.In Sri lanka Jaffna/Vavuniya etc are areas which is developing at a rapid pace.But unfortunetly they feel australia is a better option due to economic reasons.But there is a leagal process invlove in that.You cant jump the que

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Helvi :

15 Nov 2011 2:40:19pm

For crying out loud, Denisan is a university educated man, we need educated people in Australia, let him stay.

He’s married to Antonet, he will be no danger to our ‘helpless’ women as the rednecks fear…any man with darker skin than our sunburn is assumed a rapist…

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Marty :

15 Nov 2011 3:25:56pm

mindless generalisation Helvi, on what do you base your wide sweeping view that anyone with darker skin si assumed a rapist.

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Sam :

15 Nov 2011 2:38:13pm

Mate, this guy came all the way from Sri Lanka to Australia, Why not another country??? may be India (closest), Malaysia, Indonesia, Thailand…China, Japan …list goes on..

If he has a bad history, and a graduate send him back to the country where he came from..dont waste out tax money to fix the issues in other contries. Build more hospitals for the Australian or may be fund the gv schools. Please do not tolate the economic refugees.

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tobias :

15 Nov 2011 3:18:15pm

Sam please don’t spout this crap. Why can’t you think for yourself. Are you going to answerable if you send him back to be tortured and killed? No? I didn’t think so. Too easy to say "Send them back". Why don’t you return to where your forebears came from?

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nishantha paranamana :

15 Nov 2011 9:40:48pm

None of the people returned tortured or killed.Infact they were given shelter and food.Supported to rebuld their shattered lives once again.If you dont belive please visit sri lanka.You will know the truth from both sides

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Bushwoman :

15 Nov 2011 3:40:14pm

He spent 6 years as a refugee in Malaysia. Democratic countries have laws which tell you what you did wrong and why you are being punished. Gaddafi locked people up for no reason as has happened in our country with this man. He is a pacifist and he is NOT an economic refugee. The Australian Govt and The UN have stated that he is genuine refugee. so you have just made that up to support your hate filled argument.
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lopati :

15 Nov 2011 2:11:26pm

He should have stayed in Malaysia where he worked for so many years, hardly doing it tough but rather then applying by official channels (easily accessible in Malaysia) instead paid for a smuggler to get him to Aus by the back door. Appealed so many times to the authorities who each time do not see his case as valid.

Oh but the bleeding hearts want to have a go too, pity they don’t realise because the guy doesn’t qualify now they are in fact most responsible for the guys plight of continued incarceration, for in some warped and twisted way feeling good for themselves by extending his hopes in a hopeless situation.

For the good of these people (who do not qualify as so many appeals have proven) we really must remove the right to appeal ad infinitum.

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Marilyn Shepherd :

15 Nov 2011 2:39:09pm

He could not stay in Malaysia and never have a life, or be deported by Malaysia. Which part of Malaysia abuses and tortures refugees have you never heard before.

And why cut appeals only for refugee applicants, we don’t do that for anyone else.

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Ford :

15 Nov 2011 3:22:03pm

"Which part of Malaysia abuses and tortures refugees have you never heard before."

Nice to see the racial villification laws mean nothing to Marilyn, or the ABC it seems.

I challenge you Marilyn, publicly, to provide a single shred of evidence for your claim that Malaysia tortures refugees.

Either cough up the proof (you wont, you never respond when people demand evidence…because you lie so much I imagine) or go away and stay away.

Your ignorance and dishonesty is making me sleepy.

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Marilyn Shepherd :

15 Nov 2011 3:59:04pm

For christ’s sake have you lived in a bubble for the last year?

Try Amnesty, the Malaysian legal services, Human rights Watch, the UNHCR website.

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Marilyn Shepherd :

15 Nov 2011 7:02:33pm

Ford is entitle to his opinion. Don’t drag Christ in to this

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Sue :

15 Nov 2011 3:34:24pm

"anyone else" Marilyn, are you referring to Australians?

Yes, Marilyn, there is a difference between us and illegal immigrants/economic refugees.

Would you hold the same opinions Marilyn is these people were Jews?

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Marilyn Shepherd :

15 Nov 2011 4:32:22pm

What does that mean? Of Course I would. I advocate for refugees because we turned away the jews.

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Michael :

15 Nov 2011 3:45:01pm

Nothing wrong with Malaysia just ask the Labour party and their supporters.

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Jarrod :

15 Nov 2011 1:55:41pm

"He will be in detention forever." No he won’t, eventually he will decide that going back to Sri Lanka is better than continuing to live in detention and ask to be deported. Once he is back in Sri Lanka he can then travel around the world a bit more until he finds some other country where he would like to live on welfare.

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Crow :

15 Nov 2011 2:53:47pm

You mean you can wash your hands of it once he’s been safely murdered back in his home country.

Like several Aghanis and Iraqis we sent back as ‘not in genuine risk’ and were promptly murdered upon return.

Oops

But then I remember that even though ASIO have stated that this man is at risk, this whole system is less about the lives of these people than it is in placating the rednecks in marginals

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Marty :

15 Nov 2011 3:21:48pm

Like several Aghanis and Iraqis we sent back as ‘not in genuine risk’ and were promptly murdered upon return.

Can you please provide solid (not anecdotal) evidence of thsoe who were murdered when sent back?

Or is this another unsubstantiated propaganda excercise form the refugee advocates mob?

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Crow :

15 Nov 2011 4:45:00pm

Sure. 2 minute search in google found the following (admittedly no Iraqis yet but im supposed to be working so I’ll post more later)

2002 Akran Al Masril. Deported back to Pakistan 2002 after DIMIA rejected claim of danger to his life. Found beaten to death in his home only days after return.

2001 Alvaro Moralez. Deported to Columbia, DIMIA again rejected his plea. After being interrogated in buenos aires Alvaro was met at his house by paramilitaries and riddled with bullets.

2002 Ahib Bilal. Deported to Pakistan despite similar pleas. Found murdered upon return

2000, Iranian brothers known only as ‘Mohammed and Achmed’ (case file can be verified on Diac website). Returned to Iran and killed

2002 Jawad Mombossa. Claim of danger rejected by DIAC, returned to Rwanda and killed by authorities

Edmund Rice Centre Report 2010 states ‘Afghanis and Tamils regularly beaten and killed upon return to homelands’

And that was just in a quick search of DIAC, feel free to look those reports up.

That is if you are genuinely wanting to educate yourself and not simply tryIng to deflect your guilt away from the ‘refugee advocacy mobs’ facts.

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Gerd :

15 Nov 2011 1:45:48pm

The Tamil people mentioned here are only one group of all that languish in our detention centres.

The main problem to be resolved, for all of them, in my view, is the following: The processing procedure must be very much shorter than what it is now (2 months after arrival?), and there should be only one appeal or so possible (I know that the legal community wouldn’t like this…).

Such streamlining should be legislated by Parliament, and that would solve a lot of problems, alleviate a lot of anguish and extinguish many fires in our processing centres.

However, the article clarifies one important reason for the present, long delays in the processing procedure: ASIO! It should be unacceptable that this agency can hide under its cloud of secrecy, not having to justify their non-action in relation to possibly innocent people. It is a complete waste of taxpayers’ monies! ASIO, in my view, must be able to be made to declare their findings in a reasonable amount of time: If these people are "security risks", charge them and send them to court (here or where they came from); if not, judge them as genuine refugees!

This is NOT part of the "war on terror" (or such BS)!

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Robbo :

15 Nov 2011 2:15:54pm

Well, not really. ASIO should have all the time it requires, given current resourcing, to check out the person’s security credentials. He chose to come here; he should accept the current situation. If it takes a long time for security clearances, then so be it. And the Australian taxpayer shouldn’t have to foot the bill for any increase in ASIO’s resources to speed things up.

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Mitor the Bold :

15 Nov 2011 2:21:43pm

The slow processing of asylum seekers and the ugly detention centres are part of Australia’s deterrent. Streamlining the process would be the equivalent of building a 2-mile jetty on the north coast of WA, at least in the minds of the xenophobes who support such views.

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scotty :

15 Nov 2011 3:58:34pm

"The processing procedure must be very much shorter than what it is now (2 months after arrival?),"

"However, the article clarifies one important reason for the present, long delays in the processing procedure: ASIO! It should be unacceptable that this agency can hide under its cloud of secrecy"

If they didn’t burn their credentials, lie about their age and deliberately try to hide their identity it might be easier for ASIO to assess them.

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Act Rationally :

15 Nov 2011 1:42:03pm

And yet no one forced them to come here. He should have stayed and worked in Malaysia like he had for the last 6 years. He could have applied for refugee status there to the UNHCR and then to the Australian embassy. If his security application had been rejected at that point he would have been none the worse off.

Bad things happen in the world – Australia is not responsible for taking in everyone who has had a hard life, unless we want to import millions of people from around the world.

Remember ASIO’s mandate is to protect the Australian people, and it is the Australian people who should get the benefit of the doubt in the case of uncertainty about someones past.

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tobias :

15 Nov 2011 3:20:07pm

If we don’t want him, why should Malaysia?

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not before coffee :

15 Nov 2011 1:39:10pm

It is amazing that Rudd is trying so hard to get Australia a seat on the Security Council, and yet Australia treats human rights, the non-proliferation nuclear treaty, and the United Nations generally as a joke.

Considering the inhumane treatment of Aborigines and asylum seekers, (as Amnesty International rightly shows the world), Australia has forfeited its moral right to apply for the Security Council. Those seats should be reserved for civilized nations.

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Robbo :

15 Nov 2011 2:18:04pm

Who cares what Amnesty International (and for that matter the UN0) says? We don’t need visiting ‘experts’ who fly in, stay a few days, then tell us how badly we’re doing to advise us. Especially considering some of the farcical membership of some UN committees.

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not before coffee :

15 Nov 2011 3:48:48pm

Generally, most people who don’t hide their heads in the sand care about human rights abuses.

Amnesty International is not a member of the UN by the way.
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steve :

15 Nov 2011 1:37:04pm

One day he’ll probably be able to scam a million dollar compo claim like that Iranian bloke who was locked up for three years he got $1,000,000 his kid got another $1,000,000 and his wife got $600,000. This country is a joke, how can our public servants be so weak as to believe all these bogus sob stories?

I employ many of these ‘refugees’. The security industry is full of them. They all laugh how they scammed the system. One Iranian told me that there are more bogus Iranian kurds now living in Australia than there ever was in Iran. They are all laughing at us.

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Marilyn Shepherd :

15 Nov 2011 2:04:26pm

I can assure you the Iranians family were not scamming anyone, they were always refugees who had been incarcerated, tortured, beaten, robbed by the Iranian government and literally left the country with the republican guard hot on their heels.

I met the mum, she was the loveliest woman and we tortured her.

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Robbo :

15 Nov 2011 2:27:00pm

We didn’t torture her – and its outrageous that we have to pay these people millions of dollars in compensation. Steve is right: lot’s of these litigants are laughing at us.

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Marilyn Shepherd :

15 Nov 2011 3:21:10pm

Oh yes we tortured her alright. You should have read the entire judgement before mouthing off.

She and the others deserve all the money they get because we were wrong and they suffered for it.

I bet if you had been illegally jailed for 3 years you would sue.

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Marilyn Shepherd :

15 Nov 2011 7:03:24pm

We Don’t agree with you. Get a life.

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steve :

15 Nov 2011 8:39:44pm

I employ many of these bogus ‘refugees’ they all fly back to the home country for visits after about 5 years when they’ve got Aust citizenship and a passport. No prison or persecution waiting for them back home.100% of them are bogus. They openly admit it and laugh about it. The angriest people of all are the real Iranian migrants who know the ‘refugees’ are bogus. They are shocked that anglo Australia can be so infantile as to believe the cooked up sob stories.

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Tristan :

16 Nov 2011 1:37:19am

Of course you would have real evidence rather than anecdotal to back this up?

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Russell :

15 Nov 2011 3:02:16pm

These type of payouts make Australians feel very, very angry, particularly when things are so tough and only set to get tougher.

They wouldn’t be paid out under a coalition government.

This Labor Government is far to free with our money.

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Marty :

15 Nov 2011 3:28:49pm

Actually Russel the old we are doing ti tough is absolute crap. We do not do it tough in australia . Lib gove would do no different it is a case in law , the compo may be unreasonable bit Lib or Lab woudl make no difference to the outcome of legal proceeedings

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Russell :

15 Nov 2011 5:21:14pm

Excuse me, many Australians are doing it tough.

http://www.abc.net.au/news/2011-10-27/homelessness-services-failing-australian-children/3604520

http://www.abc.net.au/local/audio/2011/04/06/3183561.htm

Sure they are not as desperate as most people around the world, with almost 3 billion people living on less than 2 dollars a day.

But many Australians are doing it a hell of a lot tougher than most of the cashed up economic migrants were doing in their home countries, before they decided to spend over $20,000 plus per head to crash our borders.

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Mitor the Bold :

15 Nov 2011 4:22:01pm

Things are so tough? They’ve never been better. It’s nice to watch the telly but not necessary to believe everything you hear on it.

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TonyY :

15 Nov 2011 1:34:31pm

I mostly have little time for the so-called "refugees" who are generally economic migrants intent on forcing their way illegally into Australia. This story, assuming the facts in the article are correct as presented, is a horror and is one of the few cases where I would definitely open the door, re-unite the family and welcome them to become Australian citizens as soon as possible with all the privileges and responsibilities that entails.

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Mitor the Bold :

15 Nov 2011 2:14:13pm

So, based on a moving story your arbitrary blessing is given. It’s not beyond feasible that a significant number of stories from the detention centres might affect you emotionally like this one – or do you really believe they’re full of people rubbing their hands and sniggering at our gullibility?

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Cyclonic :

15 Nov 2011 2:57:54pm

We have friends on Christmas Island, who are working with people in the detention centre. This is a quote from one of their facebook pages.

"Yes we met a Tamil guy here who is at the same stage (comment on an article) – has his refugee status and visa but waiting for his final clearance from his country before he is released into the community. He has been here in detention for 26 months! Nothing moves fast." Note that he has refugee status, has a visa but is awaiting clearance from his country – a small but very sticky little qualifier.

From letters from our friends, we have learnt many things about the refugees interned there. They have said that the stories they are told, about the reasons for risking the boats (along with the scars) are heart breaking to hear.

Another quote "I met one of the saddest looking ladies today who is out here on her own with a 12 year old daughter. I gave her a "mum" hug and told her I would pray for her and she shed a few tears."

Obviously we don’t know everyone’s story, but the time taken to process people, and the emphasis on "boat people" in contrast to the many more thousands who come illegally to Australia on aeroplanes, and appear to be treated quite differently, is innappropriate.

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mack :

15 Nov 2011 3:53:57pm

I wonder if your compassion extends to those people existing in some hell-hole of a refugee camp in Africa? You know, someone whose place this guy will take, simply because he had the money to buy his way to the front of the assessment queue.

There are in excess of 25 million (give or take) displaced people out there, of whom the UNHCR says about 800,000 can never return to their home countries. What about them?

You may well accept that scarce places in our humanitarian program be sold by people smugglers and bought by those people with the means to do so. I don’t.

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Cyclonic :

15 Nov 2011 4:33:30pm

Yes, my compassion does extend to those living in hell-holes of refugee camps in Africa, and in fact to those who are displaced from any country due to hate, violence, war or famine. But I don’t necessarily agree that those who come on boats are queue jumping or buying their way to the front.

I also don’t pretend to know precisely how each refugee comes to the decision to seek asylum in Australia, or why they choose certain routes.

The issues of displaced people are enormous – and in the end, the real issues of displacement are a result of the situations they have come from. In my ideal world (which is of course simply a fantasy), no one would need to become a refugee. This is not possible because human beings are greedy, intolerant and selfish.

There are no easy answers, but how do you determine that one refugee is more needy than another, without knowing their own individual story? I was simply commenting on this particular story, from the information available to me at the time.

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mack :

15 Nov 2011 6:11:41pm

I agree with most of what you’ve written, Cyclonic. It is a very complex issue with no easy solution.

What gets up my nose are people who espouse the view that "them in African refugee camps have no legal right to come to Australia, but if you have the cash to hire a people smuggler to jump the queue then we must resettle you (adverse security clearance or not)."

As a result of this stance mainstream Australia has developed a view (IMHO) that our humanitarian program has been hijacked by people smugglers, queue jumpers and the refugee industry, and is therefore is reluctant to agree to an expansion of the humanitarian program.

And that is a tragedy.

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TonyY :

15 Nov 2011 3:21:45pm

You know, one of the most fascinating things about follow up comments from the people on this page, is that as soon as you show compassion, you get kicked in the teeth because you have given a truthful statement about your beliefs. My instant reaction is to withdraw that compassion for the family…but, no, I guess I wouldn’t; however the bleeding hearts make it very hard to remain compassionate.

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steve_e :

15 Nov 2011 1:22:01pm

Can we PLEASE have a party that I can vote for which does not include policies that make being an Australian and being a decent human being a mutually exclusive choice?

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Ford :

15 Nov 2011 1:19:00pm

So basically he’s claiming refugee status because he was once pressured to join a political movement that doesn’t even exist anymore, related to a conflict that’s over?

And he’s been living and working in Malaysia for 6 years

Um, yeah…quite the tragic story…?

Oh, and he hasn’t been violent? What an odd point to raise…as if he’s somehow entitled to be violent?

One ‘possibility’ you don’t consider is that he’s full of BS and is, in fact, a former terrorist.

The point is you have no idea…and yet you still comment on the matter as if you did. Your ignorance is really something to behold.

You’d think after becoming a haven for Nazi war criminals (and indeed war criminals from the Sri Lankan conflict) Australia would’ve learned its lesson about who they let in.

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Merc DeLay :

15 Nov 2011 1:59:10pm

"The point is you have no idea…and yet you still comment on the matter as if you did"

not being hypocritical are you?

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Funnytom :

15 Nov 2011 1:59:14pm

He’s already been accepted as a refugee (based on this story) but if it is believed that he is a member of an illegal organisation then why not charge him?

As it is, he is held in permenant detention with absolutely no legal recourse or representation, and he can’t go back to Sri Lanka as he would likely be killed (if not – then why was he accepted as a refugee?).

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Ford :

15 Nov 2011 2:19:55pm

Well, he has legal representation, so that statement is just pure rubbish.

Also, there’s no suggestion anywhere that his life was at risk in Sri Lanka, it certainly wasn’t in danger the 6 years he spent working in Malaysia.

Also, you don’t need to be in danger of being killed to qualify for refugee status, simply a demonstrable risk of persecution.

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Marilyn Shepherd :

15 Nov 2011 2:42:25pm

Well no, he is not assumed to be the member of any illegal organisation, he is accused of not joining one set up by the Sinhala.

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Marilyn Shepherd :

15 Nov 2011 7:04:04pm

Don’t agree

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Marilyn Shepherd :

15 Nov 2011 2:07:04pm

Did you read anything? We assessed that he is a refugee in need of protection from Sri Lankans authorities.

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John :

15 Nov 2011 1:15:53pm

As a country our treatment and demonisation of asylum seekers should be a cause for national shame. When do we stop the current long term detention of people who have generally not committed a crime and start to act with decency by no longer sending them to God forsaken parts of the country such as Leonora and try to give them some purpose and hope. The entire process just seems to be a failure of political will and administrative competence.

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tobias :

15 Nov 2011 3:29:45pm

Judging by some of the posts here, our treatment and demonisation of asylum seekers seems to be a matter of pride.

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Richard Johns :

15 Nov 2011 1:10:52pm

Such cases are appalling and greatly diminish my respect for my own country.

There is scope for any member of the public aggrieved by this situation, including the victims, to launch a suit on habeas corpus grounds that may well lead to release.

Equally, if anybody believes in good faith and by a process of reasoning that his imprisonment is illegal on any grounds at all, those involved can be charged by that person with criminal offences.

We need, as a population, to be a lot more aggressive in our use of human rights laws and instruments against out of control governments and, yes, courts.

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Marty :

15 Nov 2011 1:10:27pm

Ok so he worked in Malaysia for six years , why did he not stay there where he was safe and working , he was no longer a refugee or legitimatley seeking asylum in Australia as he was in a safe country. Its a bit like that Afghan bloke who was refused asylum in Great Britain and Ireland so decided to come to Australia and try our soft touch , he was found again not to be a refugee and is rightfully going to be deported

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scott :

15 Nov 2011 1:27:59pm

He worked as a volunteer. There. Of course, you’d be happy working as a volunteer for the rest of your life, too, wouldn’t you?

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Marilyn Shepherd :

15 Nov 2011 1:31:36pm

It’s all so black and white for you isn’t it? The Afghan lad was refused asylum in Britain and is still looking for asylum here.

Instead he got prison and deportation to the most dangerous country on earth.

As for the Tamil man, how many times do cretins like you have to be told that it is not safe for refugees in Malaysia, just this month they arrested and decided to deport Afghans because the Afghans are "victims of trafficking", so Australia is colluding with Malaysia in this form of torture.

And guess what, he is a refugee. We have said he is a refugee – it is highly illegal for our government to ask any government who persecutes people for information about those people so ASIO essentially pick out a few for political purposes.

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Robbo :

15 Nov 2011 2:21:37pm

So what’s your point? If he was refused here presumably for good reason, are you arguing he should be allowed to stay because YOU think it’s OK? Your views are more rigidly black and white than those whom you attack, but are not accepted by the majority of the population here, yet you persist with ill-conceived, illogical ad-hominem attacks (‘cretins’ etc).

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Marty :

15 Nov 2011 2:28:12pm

So every person who is deemed not to be a genuine asylum seeker in other countries shoudl come to Aus and be welcomed with open arms ? You idiotic bint (see I can use insulting terms too ) , . I have no issue with people who go through the process and are deemed to be genuine refugees , but to country shop until someone accepts your dubious claims is pushing it a bit. The bloke arrived with a fake passport so is in fact entering illegally regardless of refugee status.

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fred :

15 Nov 2011 1:36:20pm

Yeah, he worked as a volunteer for a church. Hardly well paying work…

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Schtef :

15 Nov 2011 1:39:49pm

He volunteered in Malaysia. He cannot legally work for money in Malaysia and also has no rights there. Malysia is not a safe country (speaking as an ex-Malaysian) especially not if you’re a refugee.

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Global Peace Support Group UK Ltd is a registered organisation based in London. The organisation dedicated to be involved in humanitarian and other related issues. We also work along with other similar organisations to promote peace and harmony among various societies..

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15 November 2011

There is a Tamil man from the north of Sri Lanka, sitting in an immigration detention facility in Victoria. He has been assessed as a refugee but is not allowed to be released. He is married. His wife is living with an Australian family.

The husband and wife are not allowed to spend time together. ASIO will not give him a security clearance. He will be in detention forever. It is sending the man and his wife mad. They are suicidal.

This situation, created by Australian politicians and government officials, is worse than a Kafka novel; it is worse than what happened under Apartheid.

Denisan Santhiyoku and his wife Antonet Innasimuthu met in the process of fleeing Sinhalese violence at the end of the civil war in Sri Lanka. Antonet was granted refugee status and released from detention Denisan was not.

Denisan has spoken to Australians concerned about the welfare and mental health of the couple. A record of conversation was compiled from a number of conversations.

"Denisan came from a fishing family, was educated and did a degree in fisheries at university. After that he worked for the Sri Lankan Government in the Fisheries Department. In 2000 there was pressure on him to join the EPDP."

"The prawns were running in an area controlled by the LTTE; as for all business people regardless of their politics or wishes, they had to pay tax to both the LTTE and the Sri Lankan Government."

In 2003 Denisan ceased fishing and returned home. There was further pressure on him to join the EPDP. He fled the country to Malaysia where he worked as a volunteer for the Catholic Church for six years.

They have been refused any time together since arriving here on 12/7/2009. Denisan is now in his 9th year of being a refugee."

Serco have assessed them as being dignified, intelligent and hard working but advised that they can never spend any time together. Denisan has been assessed as being a non- violent person. He avoided getting involved in confrontations on Christmas Island, even though provoked.

There is no move toward reconciliation. As a sop to international public opinion the government of Sri Lanka established a "Lessons Learnt and Reconciliation Commission". The Report of the UN Secretary General’s Panel of Experts on Accountability in Sri Lanka, found earlier this year that:

Amnesty International says:

The quality of mercy is not strain’d;

It droppeth as the gentle rain from heaven

In Australia in recent times it has become very strained.

What about showing Denisan and Antonet some. Let them have a life.

Bruce Haigh is a political commentator and retired diplomat who worked in Sri Lanka and on the Refugee Review Tribunal

111 Comments

Michael :

15 Nov 2011 8:38:51pm

Why can’t the Tamils go to India? It is much closer than Australia and is actually where they originated from. Could it be that India doesn’t have the benefits that Australia has?

Doug Quixote :

15 Nov 2011 10:32:02pm

The Indians don’t want them. Something to do with LTTE (Tamil Tigers) assassinating Prime Minister Rajiv Gandhi in 1991, perhaps.

Jan1st :

15 Nov 2011 11:29:21pm

Michael:

Most of the Tamils who came from India have returned there. The Tamils in the north of Sri Lanka have been there for thousands of years.

Ed :

16 Nov 2011 1:31:21am

By teh way present day Sinhalese show a 70% Indian Tamil DNA. Indigenous SriLankan Tamils only show a 17% DNA common with Indian Tamils.So if anyone has to return to India it is the Sinhalese.DNA never lies.

Thamilselvans ghost :

15 Nov 2011 7:00:18pm

"Denisan Santhiyoku and his wife Antonet Innasimuthu met in the process of fleeing Sinhalese violence at the end of the civil war in Sri Lanka."

Really Bruce? So he was ‘fleeing the violence at the end of the civil war’, way back in 2003? Interesting, given that the war actually ended in 2009, and there was a Europe backed cease-fire in place between 2002-2008.

Or maybe I misunderstood, you’re just saying they met in 2009, which is also when the war ended, while fleeing ‘Sinhalese violence’ in Malaysia (these pesky Sinhalese are everywhere, persecutin’, genocidin’ etc etc). You and your tales, Bruce.

Sunny – the real one :

15 Nov 2011 6:55:49pm

Very interesting article, Bruce.

I am sickened by some of the bloody-minded responses. Perhaps, we should do a swap and send them to Sri Lanka to learn the hard way?

Pink Diamond :

15 Nov 2011 5:53:26pm

I wish I had Bruce Haigh’s gifts and optimism – I have just read Paradise Lost – Smyrna 1922 – catastrophe created by governments and officials. We have a lot yet to learn about humanitarianism.

Jane :

15 Nov 2011 4:44:27pm

Draw all you attention to 1 million refugees in Greek who are in worse conditions..or it is not political here right?

Jim :

15 Nov 2011 4:41:23pm

The general every day public who are not always web surfing but actualy doing the day to day grind is fatigued and immuned to this whole issue of refugees. We will support anyone who control and protect our borders..

We do our bit it is not perfect and some people like Bruce & Co are not happy and calls us horrible people.

Well so be it can’t please everyone.

Marilyn Shepherd :

15 Nov 2011 4:53:45pm

What are you protecting our borders from? A few thousand refugees from wars we started?

It’s not about border protection, it’s about the right to enter and ask for our help.

Steve :

15 Nov 2011 5:32:40pm

Seems the sensible options and certainly the only options available to most of the genuine refugees, are deliberatley being ignored to either circumvent an orderly immigration process or to bury the truth of their real circumstances ?

And few of us have time for queue jumpers of any race or creed or under any circumstance !

Victoria of Perth :

16 Nov 2011 12:04:01am

1) MUST leave county of origin to be a refugee: that is definition of refugee: outside country of origin

2) cannot go to Australian embassy and ask for refugee status (although I think that would be a good idea). Our embassy’s do not allow that. You pretty much have to actually get here (or be selected from a refugee camp)

3) where is the Australian embassy in Afghanistan? Burma? …ah…there’s the rub eh? kinda hard to go to an embassy where there isn’t one!

Thursday :

15 Nov 2011 6:45:22pm

Of course, none of the above changes the fact we are both morally and legally obliged to treat refugees with compassion. It just seems a bit patronizing how you are so intent to portray people from all other cultures as helpless victims of ‘the West’.

Jim :

15 Nov 2011 6:59:27pm

There you go again. We get the feeling that you will abuse and bash around people who don’t agree with you.

The public will decide. You are free to do what ever you feel like doing..So there

With the kind of language/ vocabulary you are using everyone and anyone will keep a safe distance from you.

Marilyn Shepherd :

15 Nov 2011 7:05:31pm

We didn’t start the war in Sri Lanka. Nice way of twisting things

Thursday :

15 Nov 2011 8:57:00pm

Do non-Westerners have any agency at all in your universe Marilyn? Or do they just fumble around helplessly, destined to be either murdered by evil Westerners or recused by saintly Westerners.

We get many refugees from China. I dont think you can blame Australia or even the USA for that one.

Reply Alert moderatorSue :