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Tuesday, 14 June 2005
Page: 165


Senator Kirk asked the Minister for Immigration and Multicultural and Indigenous Affairs, upon notice, on 9 March 2005:

(1)   How many Iranian nationals are currently detained in Baxter Detention Centre and of those: (a) how many have agreed to be voluntarily repatriated; and (b) how many are awaiting repatriation.

(2)   For the period 3 March 1996 to 15 March 2005, how many failed asylum seekers have been repatriated to Iran and can the Minister specify: (a) the number of people who volunteered to be repatriated; and (b) the number of people who were involuntarily repatriated for each of the periods: (i) 3 March 1996 to 31 December 1996, (ii) each of the calendar years 1997 to 2004 inclusive, and (iii) 1 January 2005 to 15 March 2005.

(3)   What assurances has the Australian Government obtained from Iran that any person returned involuntarily will not be incarcerated, tortured, killed or mistreated in any way.

(4)   Does Australia currently have a Memorandum of Understanding with the Government of Iran to accept both voluntary and involuntary repatriation of failed asylum seekers.

(5)   Given the article in the Australian Financial Review by Julie Macken, dated 28 May 2003, which contained reports of failed asylum seekers forcibly returned to Iran in 2001, and who, according to their families, were never seen again, what action has the Government taken with respect to the claims contained within this article.

(6)   For the period 3 March 1996 to 15 March 2005, have other claims of disappearance or incarceration of repatriated Iranians been brought to the attention of the Government; if so, how many claims have been received and in respect of each claim: (a) how many individuals were concerned, and (b) what action or investigations were undertaken by the Government.

(7)   Does the Government monitor the safety and whereabouts of failed asylum seekers after they have been repatriated from Australia to Iran.


Senator Vanstone (Minister for Immigration and Multicultural and Indigenous Affairs and Minister Assisting the Prime Minister for Indigenous Affairs) —The answer to the honourable senator’s question is as follows:

(1) (a)   to (b)There are 56 Iranian detainees in Baxter as at 15 March 2005.  There are presently no Iranian detainees who have agreed to voluntarily return. (2)   (a)   Since June 2000 there have been 227 Iranians voluntarily repatriated.

(2) (a)   Since June 2000 there have been 227 Iranians voluntarily repatriated.

(b)   The MOU with the Iranian Government was signed in March 2003.  There were two involuntary repatriations in 2003, three in 2004 and there has been two to 15 March 2005.         The statistics requested for earlier periods are not readily available and their compilation would require an unreasonable diversion of departmental resources.

(3)   The Australian Government has not sought such assurances.  The most effective way to ensure that persons do not suffer persecution if returned to their homeland is to have a robust process to identify refugees and protect them so that they are not returned.  Australia has such a process which includes access to merits review by an independent tribunal of any unsuccessful protection claim.  Applicants who are unsuccessful at the tribunal level have access to judicial review by the courts.  Their cases are closely and regularly monitored to identify any instances in which the Ministerial intervention powers may be appropriately used to either to allow a fresh protection visa application to be lodged or to grant a visa on non refugee grounds.  The persons returned have been conclusively found not to face any well founded fear of persecution. 

(4)   Yes.

(5)   The Department has been unable to identify any information to confirm the origins of the reports or to substantiate them. (6)   (a) Departmental systems are unable to report on this matter. (b) Departmental systems are unable to report on this matter.

(6) (a)   Departmental systems are unable to report on this matter. (b) Departmental systems are unable to report on this matter.

(7)   No.