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Asylum seeker reports department to federal police over 'punitive' transfer Asylum seeker reports department to federal police over 'punitive' transfer
(5 months later)
An asylum seeker has reported the Department of Immigration to the Australian federal police for what the complaint describes as the “criminal” transfer to a remote detention centre in Western Australia.An asylum seeker has reported the Department of Immigration to the Australian federal police for what the complaint describes as the “criminal” transfer to a remote detention centre in Western Australia.
Some 83 asylum seekers, mostly Sri Lankans, Iranians and Afghans, held in the Villawood detention centre in Sydney were told on Monday they would be transferred to Curtin in the Kimberley region of WA on Thursday.Some 83 asylum seekers, mostly Sri Lankans, Iranians and Afghans, held in the Villawood detention centre in Sydney were told on Monday they would be transferred to Curtin in the Kimberley region of WA on Thursday.
Many of the asylum seekers are also lodging court cases over the public disclosure of their personal details by the department.Many of the asylum seekers are also lodging court cases over the public disclosure of their personal details by the department.
Lawyers for the asylum seekers – many of whom are due to have their cases heard in the NSW federal magistrates court on Friday – said the decision to transfer was taken “in bad faith” and was an interference with the judicial process.Lawyers for the asylum seekers – many of whom are due to have their cases heard in the NSW federal magistrates court on Friday – said the decision to transfer was taken “in bad faith” and was an interference with the judicial process.
A spokesman for the AFP confirmed it was evaluating “two referrals” on the matter. “As this evaluation is ongoing, it is not appropriate for the AFP to comment any further,” the spokesman said.A spokesman for the AFP confirmed it was evaluating “two referrals” on the matter. “As this evaluation is ongoing, it is not appropriate for the AFP to comment any further,” the spokesman said.
Guardian Australia has also seen a letter from the department of immigration to five other asylum seekers alerting them they will be transferred to Yongah Hill detention centre in Western Australia on Saturday. They are currently held in a different part of Villawood to the other 83.Guardian Australia has also seen a letter from the department of immigration to five other asylum seekers alerting them they will be transferred to Yongah Hill detention centre in Western Australia on Saturday. They are currently held in a different part of Villawood to the other 83.
Three of these asylum seekers are also involved in the court action about the leaked details.Three of these asylum seekers are also involved in the court action about the leaked details.
In February, Guardian Australia revealed that almost 10,000 asylum seekers had their personal details published by the department for immigration in a publicly available format on their website. Dozens of those affected by the breach are lodging cases with the court, with advocates arguing the disclosure was a criminal breach of the Migration Act and a breach of the Privacy Act.In February, Guardian Australia revealed that almost 10,000 asylum seekers had their personal details published by the department for immigration in a publicly available format on their website. Dozens of those affected by the breach are lodging cases with the court, with advocates arguing the disclosure was a criminal breach of the Migration Act and a breach of the Privacy Act.
John Sweeney coordinator of research at the Edmund Rice Centre said the decision to transfer those involved with the court action was a “punitive action” directed at those involved in the court proceedings.John Sweeney coordinator of research at the Edmund Rice Centre said the decision to transfer those involved with the court action was a “punitive action” directed at those involved in the court proceedings.
“Every asylum seeker knows that being sent to Curtin is punishment. It’s hot, there’s no mobile phone coverage. The department has sent a very clear message: there will be reprisals for making complaints.”“Every asylum seeker knows that being sent to Curtin is punishment. It’s hot, there’s no mobile phone coverage. The department has sent a very clear message: there will be reprisals for making complaints.”
Sweeney said that committing an “act of reprisal” against a complainant to the court was “itself criminal”.Sweeney said that committing an “act of reprisal” against a complainant to the court was “itself criminal”.
He said that all those marked for transfer to Curtin were asylum seekers who had arrived in Australia by boat and would also be launching a complaint to the immigration ombudsman.He said that all those marked for transfer to Curtin were asylum seekers who had arrived in Australia by boat and would also be launching a complaint to the immigration ombudsman.
“This is a political decision by the minister to distinguish against boat people rather than those who arrived by any other method. They have been marked for special suffering and punishment. Not only is that immoral, it is also illegal.”“This is a political decision by the minister to distinguish against boat people rather than those who arrived by any other method. They have been marked for special suffering and punishment. Not only is that immoral, it is also illegal.”
The immigration department say the asylum seekers have been moved due to “renovation” work at Villawood, but advocates say the asylum seekers could easily be transferred to new accommodation at Villawood due for completion this month.The immigration department say the asylum seekers have been moved due to “renovation” work at Villawood, but advocates say the asylum seekers could easily be transferred to new accommodation at Villawood due for completion this month.
Around 100 asylum seekers affected by the breach - including the Villawood detainee who lodged a criminal complaint to the AFP - have also complained to the privacy commissioner for the breach, who is conducting an own motion investigation into data breach. Around 100 asylum seekers affected by the breach - including the Villawood detainee who lodged a criminal complaint to the AFP - have also complained to the privacy commissioner for the breach, who is conducting an own motion investigation into data breach.
On Monday, ACT and NSW Baptist Churches offered to house those due for transfer to Curtin. Director of ministries Rev Ken Clendinning described the decision as “inhumane”.On Monday, ACT and NSW Baptist Churches offered to house those due for transfer to Curtin. Director of ministries Rev Ken Clendinning described the decision as “inhumane”.
“Members of Baptist churches are ready to open our homes to host any asylum seeker being relocated,” Clendinning said, “hospitality is at the cornerstone of Christian faith and practice.”“Members of Baptist churches are ready to open our homes to host any asylum seeker being relocated,” Clendinning said, “hospitality is at the cornerstone of Christian faith and practice.”
Clendinning is understood to have written to the immigration department but it is unclear what the response has been.Clendinning is understood to have written to the immigration department but it is unclear what the response has been.
An online petition, calling on the department to halt the transfer to Curtin has also received over 4,000 signatures.An online petition, calling on the department to halt the transfer to Curtin has also received over 4,000 signatures.
The immigration minister has been contacted for comment.The immigration minister has been contacted for comment.