First Forced Deportation of Afghan Asylum-seeker from Australia Delayed

The Australian Government's decision to force the deportation of a failed Afghan asylum-seeker for the first time has been temporarily stopped by Australian courts.

Ismail Mirza Jan, 26 years old, fled Afghanistan as a teenager in 2001, three years after his father was killed by the Taliban. He reportedly travelled to Pakistan, Iran and Greece before applying for asylum in Britain. His application was rejected in Britain and then in Ireland, but he was able to live temporarily in Ireland on humanitarian grounds. He arrived in Australia in February 2010 using a false Turkish passport.

He is currently in maximum security at the Villawood Immigration Detention Centre in Sydney after his refugee application was rejected. His application was also rejected by the Refugee Review Tribunal and Australian courts.

Mr Mirza will be charged $2,000 to be flown to Afghanistan and another $30,000 for Australian officials who will need to accompany him.

The Australian Government ordered his removal to Kabul on 15 November 2011. This would have been the first time an Afghan asylum-seeker has been sent home against their wishes because of a deal to return Afghans between Australia, Afghanistan and the UN Refugee Agency. The agreement between them was signed in January 2011. Australia says the agreement allows Australia to force the deportation of Afghans who do not qualify for refugee status and protection.

On Wednesday 16 November lawyers for Mr Mirza applied to the Australian Federal Court to stop his deportation, planned for Saturday 19 November. His lawyer argued that deporting Mr Mirza would go against the Migration Act. His lawyer also says that his client was denied justice because the Government never informed him of the reasons for rejecting his refugee application.

The Court issued a temporary order to stop his forced removal to Kabul until his case can be heard. A refugee activist said the case would probably not be heard until next year.

It is believed that travel documents issued by the Afghan government will expire at the end of January. Documents shown at Court showed that the Afghan government has already approved the deportation.

There are currently 1,246 Afghans in detention in Australia. If this deportation goes ahead, it is likely that more Afghans will be forced to return to Afghanistan if found not to be genuine refugees.

Less people claiming asylum in Australia

There was an almost 20 per cent drop in the number of people applying for asylum in Australia in the first half of 2011. 

The United Nations Refugee Agency reported that just under 5,000 people sought asylum in Australia in the first half of 2011.  This was 19 per cent less than a year ago.  UNHCR said that this was in ''sharp contrast'' to the other Western countries, which had an average 17 per cent increase in the number of people seeking asylum.

The UN Refugee Agency reported that the drop was because less people tried to arrive in Australia by boat.  The UNHCR representative in Australia said that “the fall in the overall number of claims in Australia was largely driven by a drop of almost 50 per cent in the number of asylum seekers arriving by boat in the first half of this year.”

The Australian Government said the fall in numbers arriving by boat could be due to a number of factors, including their policies in the first half of 2011.

A spokesman for the Immigration Minister said the drop could be the result of “the government's announcement of the innovative Malaysia arrangement, increased co-operation through the Bali process … as well as the tragic boat crash at Christmas Island in December last year.”

The Opposition said the fall in the number of people arriving by boat had “come off an incredibly high level.”

Meanwhile the first boat has arrived in Australia since the Government’s Malaysian solution was put on hold.  There were 51 people on the boat, mostly from Iran and Iraq.  The boat was stopped by an Australian Customs boat and was running out of food and supplies.

The asylum seekers are being taken to Christmas Island for processing.  The Prime Minister said that the asylum seekers would be held in the Christmas Island detention centre for health and security checks and to confirm their identities.

People trying to reach Australia by boat do not have visas and are considered to be coming to Australia illegally. 

In 2011 there were 13,750 places in Australia’s humanitarian entry program.  6,000 places are open for refugees identified by the UN Refugee Agency outside of Australia.  7,750 places are available for people who are the immediate family members of people already in Australia and people who come to Australia and then claim asylum. 

A recent survey of Australian people found that most people support the humanitarian program but do not support people trying to reach Australia by boat.  Another survey found that most Australians support people arriving by boat being put in detention centres.