The Guardian 14 September, 2005
UN Convention breached
Amanda Vanstone has been accused of breaching the International Convention on Civil and Political Rights by approving the deportation of an asylum seeker whose case was under investigation by the United Nations Human Rights Committee.
The man is currently the subject of a UN Human Rights Communication and the United Nations Human Rights Committee had made an interim request that he not be deported.
Under these circumstances his forced deportation by the Department of Immigration breached the International Covenant on Civil and Political Rights.
Fortunately asylum seeker advocates in Australia contacted the United Nations in Geneva to alert them of the deportation and the man was rescued in transit before reaching his final destination.
If it hadn’t been for the advocates’ vigilance then the man would have returned home to certain danger, imprisonment or even death.
The fact that the United Nations had issued a Human Rights Communications in this instance indicates the serious nature of the asylum seeker’s case.
Along with accusing Immigration Minister Amanda Vanstone of breaching the UN Convention, Greens Senator Kerry Nettle accused the Department of Immigration of recklessness and incompetence.
"This botched deportation will have been a terrifying ordeal for the asylum seeker, will have further tarnished Australia’s standing in the international community, and cost the Australian taxpayer tens of thousands of dollars", said Greens Senator Kerry Nettle.
"This man has been imprisoned by DIMIA [Department of Immigration] for five years and now they are asking him to start the visa application process all over again after their botched attempts to deport him into danger. This is totally unacceptable."
Senator Nettle called for all deportations to be put on hold "until the Department can show that they will comply with international law."