media q and a - sri lankan arrivals 28 february 2007

8/12/2019 Media Q and a - Sri Lankan Arrivals 28 February 2007

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UPDATED Media Q&A - Sri Lankan unauthorised arrivals,.- . )t _.;./ (lIrssue: 1 -d&A to support media release on the transfer of the group of 85 people oh$oard 'HMAS Success to Christmas lsland.Talking points..

. The group of85 people intercepted by HMAS Success on 20 Februaryweretransferred to Christmas lsland on 24 February.. They are being temporarily accommodated on Christmas lsland while healthchecks and information gathering processes continue.. The group are offshore entry people under the Migration Act and, in line withlong-standing Government policy, will be nianaged off-shore and will not bebrought to the mainland.. The Australian Govemment is exploring a range of options for the handling ofthis group. Preliminary discussions have commenced with both lndonesia andNauru.. While the Govemment is considering options, clearly no action would be takenwhich would 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 ananangement which would see refugees returned 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 govemment so far have been preliminary.. lndications are the group left from lndonesia to corne to Australia.. There are long-standing arrangements in place with lndonesia under which

relevant international oiganisaiions 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 resettlement in third countries.o ln accordance with Australia's international obligations, the group would be sentback to lndonesia only if they can access these arrangements.

It,s been reported the lndonesians intend to send them back to sri Lanka. lsn'tthis a breach of Australia's international obligations?. Discussions with the Indonesian government so far have been preliminary.. while the Government is considering options, clearly no action would be takenwhich would breach our international obligations.

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Australian government agencies, including the AFP work closely with theirregional counterparts to combat people smuggling.We do not comment on specific AFP operational issues.

it take so long for the government to mahe a statement il the vesse, wason 19 February?office of the Minister for lmmigration and Citizenship first responded toinquiries about the vessel at about 8:30pm on 20 February.minister released a deta ed rnedia statement at 5pm on 22 February

it take so long for the group to be brought into Christmas lsland? Whyey fanere immedarery7

needed to gather more information about the group and consider a range ofbefore a decision could be made.all times, our highest priority was their health and wellbeing. They were welllooked after while on board HMAS Success.

Why were the people kept waiting on the whart at Christmas lsland before theywere moved to the detention centre?. Once they came off HMAS Success, customs and quarantine officials had tocomplete their standard entry checks.

Will they be taken to Nauru from Christmas lsland?. We are exploring a range of options for the handling of this group. Preliminarydiscussions have commenced with Nauru.. If it is decided they will be moved to Nauru, this would be done in accordancewith the existing MOU we have with the Nauruan government.

Have they claimed asylum? We are still going through initial checks but we understand that some membersof the group have indicated that they wish to seek asylum.. As a matter of course, the government will ensure Australia's international

obgations continue to be met.

1)Crahed ey a e s orItr and frarrma O For privacy reasons,vve do not discuss deta s of whatindividua:s may claimo Any specific clairns wi be assessed in accordance with Austrana's international

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obligations.

ls it true that at least some of them have UNHCR documentation?o UNHCR documentation relating to two people was found on board the vesseland this is being examined further and has been shared with UNHCR.But isn't there more than two of the group known to the IJNHCR in Jakarta?

and the UNHCR are cross-checking whether individuals at Christmaswere registered as asylum-seekers with UNHCR in lndonesia. Thatls ong lngAustraliab international obligations to refugees?

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this context, Australia's principal obligation to refugees is not to retumrfoule) them, directly or indirectly, to a country where they face persecution.Australia be assured that lndonesia would not return Sri Lankanto Sri Lanka?

could be satisfied by specific assurances from the lndonesian(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 lo be refugees, to remain lhere until resetflementopportunities are found in third countries).Are you in discussr'ons with the sri Lankan government about return options?

o No.Have sri Lankan officials been in contact with the Australian Governmentregarding this group?. Yes, they have made inquiries about their nationals.r 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 olfshore entry people but they didn,t even reach Australianwaters, lf they didn't enter Australian territory, how can they be offshore entrypeople?

o This vessel was not engaged in any legitimate commercial activiiy whendetected and intercepted by Border protection Command.o Their intent to reach christmas lsland was made clear. They haQ no lawful basisto do this.o Under the Migration Act, there is no distinction made as to how someone arivesat an excised offshore place, and thereby becomes an offshore entry person.

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Their boat was unseavrorthy,whichiswhytheyweretransportedtoChristil::/`lsland on board HMAS Success.iSut hasn't the Government 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.. As I said, their intent to reach Christmas Island was clear and the Migration Actmakes no distinction as to how someone arrives at an excised offshore placethereby becomes an offshore entry person.

all healthy?health issues are apparent at this stage; Health checks are being carried outChristmas lsland.

`eationarily of tte grotrp? re r ey a S Lakan?

checks are still to be canied out.claim to be Sri Lankan and 2 claim to be lndonesian.all men? Any children?. 84 are men and on Monday afternoon one was found to be a juvenile aged over

17 years.. Arrangements have been made to move him into altemative 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.. ln line with Government policy, juveniles now do not spend any time insideimmigration detention centres otherthan as voluntary visitors. This applies to allcentres including Christmas lsland.

Where are they being accommodated on Christmas Island? .. 83 are in the Christmas lsland lmmigration Detention Centre and two (thejuvenile and a companion from the group) are in altemative detentionanangements.Why was a juvenile kept in a detention centre at all? lsn't that a hreach of thePrime Min iste/s comm itment?.) . No. The Government's policy is that children should only be detained in a centre

as a last resort. He was accommodated in the centre only wh e hls age was confirrned and01/03/07 3 00PM

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essential health clearances were canied out.Will they have access fo consular and legal support?o iu lL. All immigration detainees have access to legal and consular assistance, wherethey request ii.

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

derahed O cshas rsrand?As at24 February, there are six others - two other men in the centre and afamily of four living in residence determination arrangements in the community.

happened with their vessel?. The vessel has been scuttled.Will any people smugglers be prosecuted as a resutt of the boat arrival?o The joint taskforce - comprising of DIAC, AFp and other agencies, hascommenced an operation in relation to this group. lt's inappropriate to discuss

this fufther while the operation is ongoing.can you confirm media reports that lndonesian police are about to arrest fr opeople smugglers associated with this boaiload?. We do not discuss operational issues.ls this group of 83 sri Lankans part of a broader group of 200 or more trying toreach Australia? can you confirm media repotrts that more srl Lankan asytimseekers will attempt to get to Australia?. There are often reports of people attempting to move ifiegally in the region.o The Australian Government has in place appropriate and effective measures toprotect our borders.ls this the start of a new wave of boatpeople?. As demonstrated by the Border Protection Command,s deiection andinterception of this boat, Australia's border protection regime is working.o We have in place appropriate and effective capabilities to manage ourborders and preserve Australia's sovereignty.

o The Australian Govemment remains committed to combafting the01t03t07 3.00PM 6


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dangerous and insidious trade that is people smuggling.When was the last unauthorised arrival? How many have there been in the pasflear?. ln 2005-06, there were 50 mainland unauthorised anivals and 6 offshorearivals, making a totalof 56 people who arrived unauthorised by boat.

. Prior to this boat, in 2006-07 there have been thrqe boats anive in excisedoffshore places:o 8 Burmese who arrived on Ashmore Reef in August.o 2 Vietnamese and an lndonesian who arrived on Ashmore Reef inOctobero 40 PNG citizens who arrived on Saibai lsland in January and returned. home voluntarily.Gleared by:PSTF28 Februa ry 2O07

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media q and a - sri lankan arrivals 28 february 2007

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