Dr Lawrence asked the Minister for Immigration and Multicultural and Indigenous Affairs, upon notice, on 17 June 2002:

(1) Has his attention been drawn to the criminal trial of Mr HI.

(2) Why did he authorise the removal of an important witness in the trial, Mr SE, while the period for appeal against conviction had not run.

(3) Why did he not cease the removal when notified that an appeal had been lodged and Mr SE was definitely required as a witness, even though Mr SE remained in Australian waters at that time.

(4) What steps can be taken to ensure that Mr HI will receive a fair trial.

(5) Why did he not ensure the anonymity of Mr SE when Mr SE was called as a witness for the prosecution in the trial of another asylum seeker for people smuggling, Mr HI.

(6) Why did he not give Mr SE the opportunity to make an application under sections 48B and 417 on the grounds of his mental health and the possibility of a surplus claim based on the publicity surrounding the evidence he gave in the case of Mr HI, given that SE had done nothing of his own volition to generate the publicity.

(7) Why did he remove Mr SE by means of the Iran Mazandaran, the ship upon which he arrived two years ago, despite the fact that the ship is owned and operated by the Iranian Government and it is common knowledge that all such ships have intelligence officers on board.

(8) Did he specifically gain the consent of the Iranian Government and the Iranian national shipping company to repatriate Mr SE on the Iran Mazandaran: if so, what steps has he taken to ensure that Mr SE is not mistreated either on the Iran Mazandaran or upon arrival in Iran.

(9) Did Mr SE sign any papers consenting to be removed; if not, by what authority was he placed on the Iran Mazandaran.

(10) Has his attention been drawn to the information indicating that Mr SE was suicidal and had been on hunger strike for three days when the Iran Mazandaran docked in Esperance on 1 June 2002; if so, what steps did he take to ensure his mental and physical well-being before removing him and while in the Iran Mazandaran.

Mr Ruddock (Minister for Immigration and Multicultural and Indigenous Affairs and Minister Assisting the Prime Minister for Reconciliation) —The answer to the honourable member's question is as follows:

(1) I have been briefed on the criminal trial of Mr HI.

(2) The law does not require that removal be delayed simply because someone is wanted as a witness in legal proceedings.

(3) Immigration officers have an obligation to effect removal as soon as reasonably practicable and can only suspend removal action if there is a visa application on foot, an injunction or court order specifically preventing removal, or if the Attorney General issues a criminal justice stay certificate. None of these factors applied in this case.

(4) This is a matter for the Court.

(5) There was no request for suppression of Mr SE's identity.

(6) Mr SE's application for a protection visa was refused on 14 November 2000.

He appealed to the Refugee Review Tribunal (RRT) on 16 November 2000. The RRT affirmed the delegate's primary decision on 2 January 2001.

The case was assessed under the Guidelines for stay in Australia on humanitarian grounds (section 417) on 22 January 2001. Mr SE's case was found not to satisfy the requirements for consideration under section 417 or section 48B of the Migration Act.

On 22 January 2001 Mr SE lodged an appeal to the Federal Court, his appeal was dismissed on 4 July 2001.

On 13 May 2002 Ms Jaye Radisich MLA submitted a section 417 request on behalf of Mr SE. This was assessed and Ms Radisich was informed of the outcome of that assessment.

(7) The timing of the removal was a matter for the carrier company involved and on the basis that there was no criminal justice stay visa in place, Mr SE's removal could not be delayed.

(8) Approval to return Mr SE to Iran was a matter left to the responsible agent, Inchcape Shipping Services. The Australian government did not discuss the matter with the owners of the vessel involved.

(9) Mr SE did not agree to depart Australia voluntarily. He was removed from Australia on 1 June 2002 in accordance with s198 of the Migration Act 1958. The removal was effected following the earlier serving of section 213 / 217 notices on the carrier company responsible for having brought Mr SE to Australia as a stowaway on the 7 September 2000.

(10) Mr SE was in good health in the Perth Immigration Detention Centre. ACM staff who were with him while he was in Esperance advised that he was taking fluids, eating a little and engaging in conversation.

An officer of the West Australia Police boarded the Iran Mazandaran shortly before its departure from Esperance to assess Mr SE `s condition following an allegation that he had been assaulted and advised my Department that Mr SE was in good health.