Falun Gong supporters want review of asylum claim

Updated November 26, 2008 15:29:43

Two Chinese nationals are asking for their claims for asylum in Australia be re-assessed, after the Immigration Department sent them to the Chinese Consulate in Sydney to be interviewed by officials.

The two women, who say they are members of the Falun Gong spiritual movement, and who have asked to remain anonymous, say they fear their lives are at risk. Immigration Department officials say it is standard practice for failed asylum seekers to be sent to diplomatic missions when their travel documents have expired so that they can be deported.

Jeff Waters
Speakers: Michaela Byers, Immigration lawyer; Sandi Logan, Australian Immigration Department Spokesman

JEFF WATERS: It's no secret that the Chinese Government doesn't look favourably on members of the Falun Gong. The spiritual movement is banned there and its practitioners complain of oppression.

Some have been granted asylum status in Australia but not all applicants are successful. Two recent hopefuls failed to convince the Department of Immigration and Citizenship they were in danger if they returned to China after overstaying their visitor's visas.

But they couldn't be deported, because their passports needed to be renewed. So the department sent them to the Chinese Consulate.

The two women say that consular officials refused to issue passports to them, and when they told that to the Immigration Department, they were simply sent back to the consulate; one of them, seven times.

So in the end they were accompanied by a Falun Gong supporter who apparently secretly recorded some of the interrogations. Recordings which have been obtained by the ABC.

All of the conversations are in Mandarin and appear to include the voices of consular officials grilling the women on why they had overstayed their visas, if and why they'd applied for asylum, as well as details of their families back in China.

Immigration lawyer Michaela Byers says the women have been mistreated.

MICHAELA BYERS: Though they may be a failed asylum seeker, they still do have a subjective fear of Chinese authorities and to continue fronting them up at the consulate, when it's to no avail; no travel documents are being issued.

And it's all being done with counter staff so it is done in the public anyone can walk into the Chinese Consulate and listen to this interview so even if there are problems with the Chinese authorities becoming aware of this information, there could be Chinese spies in the public area of the consulate taking down this information, this person's name, they've applied for asylum, they've been to the Federal Court, whatever inappropriate questions being asked in public.

There are also privacy issues. But it has to be done with dignity and in accordance with Australian law. And there are international conventions that they are violating in acting in such a way.

JEFF WATERS: The two women have now re-applied for special consideration, saying that they're now in even more danger if they are forced to return to China.

A spokesman for the Immigration Department, Sandi Logan, says it's standard procedure for failed asylum seekers to be sent to consulates or embassies if their passports have expired, or are lost.

SANDI LOGAN: It's general practice that where evidence of application for a travel document is presented by a client but they are unsuccessful in securing or obtaining a travel document; the Department of Immigration and Citizenship will take that role on and assist to secure a travel document.

After all, it is in our interest as it is in the client's interest that we meet our obligations under the Migration Act to assist them in their departure. Having said that, it is also incumbent on clients to be able to present evidence that they have in fact been making genuine attempts to secure that travel document