Protection visa refused for people smuggler

Ruth J 8 February 2008, 01:15PM

Immigration Minister Chris Evans refused the protection application of Iraqi asylum seeker and people smuggler, Mr Ali Al Jenabi on character grounds due to the serious nature of his crime. Minister Evans has used this case to portray a strong stance against people smuggling by saying:

“The Rudd Government deplores people smuggling. It is a heinous crime that puts lives at risk, undermines Australia’s border security and weakens our immigration system.”

[…]

“His conduct in repeatedly bringing boatloads of illegal immigrants into Australia, the expectations of the Australian community that a person who commits crimes of this nature not be rewarded with a visa, and the general deterrence factor in discouraging others from engaging in similar conduct weigh heavily against Mr Al Jenabi.”

Mr Al Jenabi was convicted of people smuggling in 2003 by the Northern Territory Supreme Court after he pleaded guilty. However, Justice Mildren accepted thathe was not motivated by money, but was "largely motivated by the need to get his family to Australia, come what may.”

He has already served four years in a Darwin jail, prior to being released on parole because of his unlikelihood to re-offend.

Although Minister Evans acknowledges that Australia owes protection obligations to Mr Al Jenabi under the Refugee Convention, and recognises that he cannot be returned to Iraq and that “indefinite detention is an unacceptable option”. As such the Minister has issued a Removal Pending Bridging Visa so that Mr Al Jenabi can be released from Villawood Immigration Detention Centre after nearly 20 months in limbo there, until he can be removed from Australia. Although it remains unclear when that will be as the Government deems Iraq an unsafe place to return failed asylum seekers.

Amnesty International Australia is disappointed with the language used by Minister Evans, which seems to reflect the rhetoric of the previous government, in referring to asylum seekers as "illegal immigrants". It is important to note that most of these people previously arriving by boat, particularly from countries like Afghanistan and Iraq, have been recognised as refugees and granted protection here in Australia. Asylum seekers are persons exercising their fundamental right to flee persecution and seek asylum, and are quite different from other persons who are attempting to enter the country undocumented seeking employment.

About the Author

This blog entry was created by Ruth J and does not necessarily represent the position or opinion of Amnesty International Australia.

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