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Sovereign borders chief argues hiding asylum seeker boat turnbacks essential for security | Sovereign borders chief argues hiding asylum seeker boat turnbacks essential for security |
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Hiding details of asylum seeker boat turnbacks from the Australian public was essential in order to protect the security of the commonwealth, because it helped “educate … potentially illegal immigrants”, the head of Operation Sovereign Borders has said at a landmark legal case. | Hiding details of asylum seeker boat turnbacks from the Australian public was essential in order to protect the security of the commonwealth, because it helped “educate … potentially illegal immigrants”, the head of Operation Sovereign Borders has said at a landmark legal case. |
Major General Andrew Bottrell made the argument on Tuesday morning in the administrative appeals tribunal, before the hearing went into a closed session where neither the freedom-of-information applicant nor their legal council would be able to hear the evidence presented. | Major General Andrew Bottrell made the argument on Tuesday morning in the administrative appeals tribunal, before the hearing went into a closed session where neither the freedom-of-information applicant nor their legal council would be able to hear the evidence presented. |
The case surrounds access to government orders to execute turnback operations in 2013 and early 2014. It is part of a long running FoI case initiated by Guardian Australia journalist Paul Farrell. | The case surrounds access to government orders to execute turnback operations in 2013 and early 2014. It is part of a long running FoI case initiated by Guardian Australia journalist Paul Farrell. |
Among a number of issues, the case is testing the meaning of “security of the commonwealth” in the Freedom of Information Act, which the Department of Immigration and Border Protection appealed to in order to keep the documents secret. | Among a number of issues, the case is testing the meaning of “security of the commonwealth” in the Freedom of Information Act, which the Department of Immigration and Border Protection appealed to in order to keep the documents secret. |
In order to define the notion of security, the department relied on a broad definition in the Australian Security and Intelligence Organisation Act, which extends not just to the commonwealth but to people as well. | In order to define the notion of security, the department relied on a broad definition in the Australian Security and Intelligence Organisation Act, which extends not just to the commonwealth but to people as well. |
Guardian Australia’s barrister Tom Brennan told the hearing: “Security in the Asio act goes beyond that which is dealt within the FoI act, because it’s not limited to the security of the body politic. It’s directed also to the security of people. | Guardian Australia’s barrister Tom Brennan told the hearing: “Security in the Asio act goes beyond that which is dealt within the FoI act, because it’s not limited to the security of the body politic. It’s directed also to the security of people. |
“There can be no doubt that people-smuggling activities are a matter of significant public interest … they are not in my submissions ones that rise as high as touching the security of the commonwealth.” | “There can be no doubt that people-smuggling activities are a matter of significant public interest … they are not in my submissions ones that rise as high as touching the security of the commonwealth.” |
Under questioning, Bottrell expanded on why disclosing details of the boat turnbacks were a threat to the security of the commonwealth. | Under questioning, Bottrell expanded on why disclosing details of the boat turnbacks were a threat to the security of the commonwealth. |
“Our greatest asset now is the scepticism of the potentially illegal immigrants,” he said. “Much of our effort is aimed at educating people sitting there, that people smugglers are convincing to get on boats.” | “Our greatest asset now is the scepticism of the potentially illegal immigrants,” he said. “Much of our effort is aimed at educating people sitting there, that people smugglers are convincing to get on boats.” |
He said people smugglers would use the information about turnbacks to inform asylum seekers about how close they had got in their previous attempts to reach Australia. | He said people smugglers would use the information about turnbacks to inform asylum seekers about how close they had got in their previous attempts to reach Australia. |
“Our efforts are to educate them about the dangers of that journey.” | “Our efforts are to educate them about the dangers of that journey.” |
Bottrell argued that hiding this information from the public and from people smugglers was essential as part of that education effort. | Bottrell argued that hiding this information from the public and from people smugglers was essential as part of that education effort. |
In order to allow the tribunal to consider the validity of the department’s claims without disclosing the contents of the documents to Guardian Australia, the hearing moved into a closed session on Tuesday, where Farrell and his legal council were excluded. | In order to allow the tribunal to consider the validity of the department’s claims without disclosing the contents of the documents to Guardian Australia, the hearing moved into a closed session on Tuesday, where Farrell and his legal council were excluded. |