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You can find the current article at its original source at https://www.theguardian.com/australia-news/2017/nov/21/man-on-manus-faces-deportation-order-despite-real-risk-of-torture-or-death
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| Version 2 | Version 3 |
|---|---|
| Man on Manus faces deportation order despite 'real risk' of torture or death | Man on Manus faces deportation order despite 'real risk' of torture or death |
| (about 1 month later) | |
| An asylum seeker held on Manus Island – who has collapsed three times this year from an acute heart condition – has now fallen into a legal limbo, simultaneously ordered for deportation while the PNG government recognises he faces torture or being killed if he is sent back to Iran. | An asylum seeker held on Manus Island – who has collapsed three times this year from an acute heart condition – has now fallen into a legal limbo, simultaneously ordered for deportation while the PNG government recognises he faces torture or being killed if he is sent back to Iran. |
| He faces a potentially indefinite detention. | He faces a potentially indefinite detention. |
| Samuel (not his real name) has been told by PNG immigration authorities he has not been formally recognised as a refugee and that a deportation order has been issued for his removal. | Samuel (not his real name) has been told by PNG immigration authorities he has not been formally recognised as a refugee and that a deportation order has been issued for his removal. |
| However, a letter from PNG immigration to Samuel says a “deportation risk assessment” has found there is a “real risk you will be subjected to torture, cruel, inhuman or degrading treatment or punishment, arbitrary deprivation of life … the imposition of the death penalty”. | However, a letter from PNG immigration to Samuel says a “deportation risk assessment” has found there is a “real risk you will be subjected to torture, cruel, inhuman or degrading treatment or punishment, arbitrary deprivation of life … the imposition of the death penalty”. |
| The majority – more than 70% – of the men on Manus have been recognised as refugees. But Samuel’s case is potentially one of dozens where asylum seekers might fall outside the protection of the UN refugee convention but cannot be returned to their home countries because they face persecution or possibly death. | The majority – more than 70% – of the men on Manus have been recognised as refugees. But Samuel’s case is potentially one of dozens where asylum seekers might fall outside the protection of the UN refugee convention but cannot be returned to their home countries because they face persecution or possibly death. |
| Forcibly moved from Australia to Manus in 2013, Samuel initially refused to engage with PNG’s refugee status determination, arguing he never sought asylum in that country. | Forcibly moved from Australia to Manus in 2013, Samuel initially refused to engage with PNG’s refugee status determination, arguing he never sought asylum in that country. |
| He has since sought to submit to PNG immigration’s assessment process but he has been told he has been formally and finally denied refugee status, and under PNG law his claim for protection cannot be reassessed. | He has since sought to submit to PNG immigration’s assessment process but he has been told he has been formally and finally denied refugee status, and under PNG law his claim for protection cannot be reassessed. |
| Others from Iran who have claimed similar grounds for protection to Samuel’s have been recognised as refugees. | Others from Iran who have claimed similar grounds for protection to Samuel’s have been recognised as refugees. |
| Currently held in Lorengau, where the Guardian met with him, Samuel has been told by PNG’s immigration department the minister for foreign affairs and immigration “has ordered that you be detained and removed from Papua New Guinea”. | Currently held in Lorengau, where the Guardian met with him, Samuel has been told by PNG’s immigration department the minister for foreign affairs and immigration “has ordered that you be detained and removed from Papua New Guinea”. |
| However, the deportation risk assessment has found a “real risk” of torture or arbitrary execution in Iran, “and therefore the government of Papua New Guinea will not remove you”. | However, the deportation risk assessment has found a “real risk” of torture or arbitrary execution in Iran, “and therefore the government of Papua New Guinea will not remove you”. |
| Samuel finds himself in a legal purgatory. He faces indefinite detention for as long as he remains in PNG. | Samuel finds himself in a legal purgatory. He faces indefinite detention for as long as he remains in PNG. |
| “As you are not a refugee, you do not have a right to remain in Papua New Guinea and your removal and detention orders remain in effect,” he has been told. | “As you are not a refugee, you do not have a right to remain in Papua New Guinea and your removal and detention orders remain in effect,” he has been told. |
| His only option out is to elect to voluntarily return to Iran, the country where, by PNG’s own assessment, he faces a real risk of being tortured or killed. | His only option out is to elect to voluntarily return to Iran, the country where, by PNG’s own assessment, he faces a real risk of being tortured or killed. |
| PNG immigration has been contacted for comment. | PNG immigration has been contacted for comment. |
| Samuel’s health has deteriorated precipitously while on Manus Island. Since February this year, he has collapsed three times, most recently on 5 November, when it took more than four hours for him to be taken from the now-closed Manus Island detention centre to Lorengau for medical treatment. | Samuel’s health has deteriorated precipitously while on Manus Island. Since February this year, he has collapsed three times, most recently on 5 November, when it took more than four hours for him to be taken from the now-closed Manus Island detention centre to Lorengau for medical treatment. |
| When he arrived at Lorengau hospital, there was no working ECG machine and no capacity to do a blood test. | When he arrived at Lorengau hospital, there was no working ECG machine and no capacity to do a blood test. |
| “I have never seen nor heard of a hospital without capacity for blood tests nor access to ECG machine,” Dr Paddy McLisky from Doctors for Refugees, who has been in regular contact with Samuel, said. | “I have never seen nor heard of a hospital without capacity for blood tests nor access to ECG machine,” Dr Paddy McLisky from Doctors for Refugees, who has been in regular contact with Samuel, said. |
| “Several doctors working in the immigration detention system, including a visiting cardiologist, have recommended various tests to elicit the cause of Samuel’s recurrent symptoms of varying severity of chest pain, collapse and palpitations or tachycardia,” McLisky said. | “Several doctors working in the immigration detention system, including a visiting cardiologist, have recommended various tests to elicit the cause of Samuel’s recurrent symptoms of varying severity of chest pain, collapse and palpitations or tachycardia,” McLisky said. |
| McLisky said he was worried for Samuel’s long-term health after he suffered a heart attack in February, and injured his heart muscle. | McLisky said he was worried for Samuel’s long-term health after he suffered a heart attack in February, and injured his heart muscle. |
| “In my opinion the most important test for Samuel is electrophysiological study which will determine if he has a short circuit in his heart, and if it can be fixed by ablation treatment, both of which are not available in PNG.” | “In my opinion the most important test for Samuel is electrophysiological study which will determine if he has a short circuit in his heart, and if it can be fixed by ablation treatment, both of which are not available in PNG.” |
| Simon Bruck, a lawyer from the Refugee Advice and Casework Service, and who represents Samuel, said he was being denied necessary, possibly life-saving, medical care. | Simon Bruck, a lawyer from the Refugee Advice and Casework Service, and who represents Samuel, said he was being denied necessary, possibly life-saving, medical care. |
| “A cardiologist advised more than six months ago that my client needs tests overseas, as the tests he needs are not available in PNG. Because he is not getting medical tests he needs, my client is afraid the next heart attack could kill him. | “A cardiologist advised more than six months ago that my client needs tests overseas, as the tests he needs are not available in PNG. Because he is not getting medical tests he needs, my client is afraid the next heart attack could kill him. |
| “Australian Border Force is denying appropriate medical care to a number of our clients. In our legal opinion, denial of medical treatment amounts to negligence.” | “Australian Border Force is denying appropriate medical care to a number of our clients. In our legal opinion, denial of medical treatment amounts to negligence.” |
| Samuel’s case manager, Natasha Blucher from the Asylum Seeker Resource Centre, said his mental health had suffered significantly over four years of detention and the ongoing uncertainty over his future. | Samuel’s case manager, Natasha Blucher from the Asylum Seeker Resource Centre, said his mental health had suffered significantly over four years of detention and the ongoing uncertainty over his future. |
| “A life-threatening illness is terrifying for anyone, even in a position where they receive proper medical care. For Samuel, knowing that he has a heart condition that is not diagnosed, and that he could have a heart attack at any time, is truly terrifying.” | “A life-threatening illness is terrifying for anyone, even in a position where they receive proper medical care. For Samuel, knowing that he has a heart condition that is not diagnosed, and that he could have a heart attack at any time, is truly terrifying.” |
| Blucher said Samuel’s current legal status was an “absurd limbo” that placed his life at risk. | Blucher said Samuel’s current legal status was an “absurd limbo” that placed his life at risk. |
| “While legally recognising that Samuel cannot return to his country of origin, authorities have denied him any clear pathway to protection. He has a document stating that he cannot be deported because he faces torture or death in his home country, but which also states that he has a deportation order current. | “While legally recognising that Samuel cannot return to his country of origin, authorities have denied him any clear pathway to protection. He has a document stating that he cannot be deported because he faces torture or death in his home country, but which also states that he has a deportation order current. |
| “In effect, it appears that the only option for him is to remain detained indefinitely in Papua New Guinea.” | “In effect, it appears that the only option for him is to remain detained indefinitely in Papua New Guinea.” |
| (An earlier version of this story used a different pseudonym for the asylum seeker.) | (An earlier version of this story used a different pseudonym for the asylum seeker.) |
| Manus Island | Manus Island |
| Australian immigration and asylum | Australian immigration and asylum |
| Migration | Migration |
| Refugees | Refugees |
| Iran | Iran |
| Papua New Guinea | Papua New Guinea |
| news | news |
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