Australia: One Australian resident faced deportation to China even though he was innocent - PressFrom - Australia
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AustraliaOne Australian resident faced deportation to China even though he was innocent

17:01  25 may  2019
17:01  25 may  2019 Source:   smh.com.au

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Shamsalipoor faces deportation from Australia after her asylum claim was rejected. It’s not fair, she’s married to an Australian , he ’s a new Australian but that shouldn’t matter’.” She lived with Jafari and his parents, who were granted permanent resident protection visas in 2012 after more than

Deportation requires a specific deportation order made under section 206 of the Migration Act 1958 (Cth) and it is used in relation to Australian permanent residents only. Deportation is the process used for permanent residents and certain New Zealand citizens who are not Australian citizens.

The Australian government was on the verge of deporting an Australian permanent resident last year after China issued an Interpol red notice which falsely accused him of kidnapping.

One Australian resident faced deportation to China even though he was innocent© Alex Ellinghausen Minister for Home Affairs Peter Dutton addresses the media during a doorstop interview in the press gallery at Parliament House in Canberra.

Australian Federal Police officers raided the man’s home in 2015 after China’s deportation request, but found no evidence of the kidnapping charge alleged by Chinese police. Nevertheless, three years later in December of last year, the department threw him into immigration detention saying it would deport him.

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When Even Legal Residents Face Deportation . Though the British government has vowed to spare the Windrush generation from its “hostile environment” policies going forward, another group of U.K. residents may have reason to worry: EU citizens.

Deportation is the expulsion of a person or group of people from a place or country. The term expulsion is often used as a synonym for deportation , though expulsion is more often used in the context of international law, while deportation is more used in national (municipal) law.

The case was only dropped after the man, who is ethnically Chinese, challenged the deportation decision in the Administrative Appeals Tribunal.

During legal proceedings over the man's case, a senior Home Affairs Departmental official argued he would receive a fair hearing in China, even though Chinese courts have a 99 per cent conviction rate and the man’s alleged crime took place at a time when immigration documents show was not in the country.

The man cannot be identified due to fear for his personal safety and the safety of relatives in China.

The man's detention in Australia came just two weeks after refugee footballer and dissident Hakeem al-Araibi was jailed by Thai authorities after an unlawful red notice was issued by his home country, Bahrain.

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The Chinese Exclusion Act required the few non laborers who sought entry to obtain certification from the Chinese government that they were qualified to emigrate. Ju Toy's petition was thus barred despite the fact that the district court found that he was an American citizen.

It is understood the teenager is facing deportation charges over a string of criminal convictions. And even if visitors pass the character test required to enter Australia , the Department of Home Affairs After Maraku was deported , six years after he first came to Australia , Mr Dutton told A Current Affair

A red notice is an international alert distributed by global law enforcement body Interpol to communicate information about crimes and criminals in member states.

Interpol notices, the most severe of which are red notices, have been criticised for their alleged misuse by countries of origin to harass migrants and refugees in their new state.

The government's ultimate decision to drop the case only came after the man had spent months in immigration detention.

The red notice was issued by Chinese government in December 2014, at which time he had been living in Australia for 13 years. It was originally sent to the Australian Federal Police, who raided the man’s house. They investigated but made no criminal finding, and, in 2015, referred the case to the Department of Home Affairs.

After taking no action against the man for three years, the department cancelled his visa in December 2018 and put him in custody on character grounds, stemming from concerns surrounding the red notice.

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He had been due to be deported . The cancellation of Australian visas on the grounds of “character” They argue that the new measures are sweeping, allowing the deportation of people who served The rate for New Zealand-born Maori was even lower, just under 3 percent. In the same time period

Asylum seeker married to an Australian resident faces deportation to Iran. Shamsalipoor’s lawyer, Kevin Kadirgamar, said he was heartened to see her story had an effect on Griggs. “We would hope that a sense of compassion would also prevail in Peter Dutton,” Kadirgamar said.

The only other character question surrounding the man related to a 2010 incident in which he slapped, hit and kicked his daughter during an argument and broke her mobile phone. He pleaded guilty to assault and property damage offences and was placed on an 18-month good behaviour bond, far below the threshold in the legislation of 12 months imprisonment which would invoke the character test. There was no attempt to cancel his visa after this incident.

One Australian resident faced deportation to China even though he was innocent© Supplied. A redacted red notice from Interpol for a man improperly accused of kidnapping in China.

After the man appealed his visa cancellation, the department issued orders to set it aside. He was released in February.

The man told the department the person referred to in the red notice was not him, the photograph supplied in the red notice was not him, and that the Chinese government had mis-identified him as the assailant kidnapper - an argument the department initially rejected.

The department did not answer detailed questions but, in a statement, did not concede they made an error in detaining the man on suspect charges, or in attempting to deport him. They would not confirm if they had taken into account any recommendations made by the AFP, who did not make a criminal finding against him.

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Because these people are not Australian citizens, though many of them have family members who are Celepci, who is Turkish- Australian , said most Uighurs he knows in Australia have seen their Rizwan said her sister faced pressure while she was in Australia , too. “Her boss started sending her

Trump even went so far as to repeal the Deferred Action for Childhood Arrivals (DACA) program, which was intended to protect undocumented immigrants brought to the US as Cities in eight states have banded together to build a fund that will pay for legal representation for immigrants facing deportation .

One Australian resident faced deportation to China even though he was innocent© Daniel Pockett Prime Minister Scott Morrison and Hakeem Al-Araibi.

The department said it "takes seriously its responsibility to protect the Australian community from the risk of harm posed by non-citizens who engage in criminal conduct or behaviour of concern".

Documents from a delegate of the minister said: “[The man] is alleged to have committed a serious crime, that of kidnapping and is wanted for prosecution. Whilst [the man] is entitled to a presumption of innocence, I could not rule out the risk he poses to the Australian community based on the information provided in the [international red notice].”

A ministerial delegate can revoke a resident's visa if they don’t pass the "character test".

If a resident has served more than 12 months in prison, or the delegate is satisfied they pose a risk to the Australian community, they are deemed to have failed.

The government has extradition powers to deport foreign nationals to face accusations of criminal conduct overseas, however, the government cancelled the man's visa under the character test provisions instead.

Australia in 2017 pulled back from signing an extradition treaty with China over concerns in parliament about the fairness of its legal system.

The man's lawyer, immigration barrister Dr Jason Donnelly said the events were "extraordinary," and he had never seen the department drop a deportation proceeding in such a way before.

“To proceed under (the character test) what you’re saying is that this person poses an unacceptable risk to the Australian community … the fact that they let him stay in the Australian community for four years after the issuing of the red notice is totally inconsistent with that,” he said.

“The department’s decision spoke about this gentlemen needing to face justice in China, and when looking at the character test, this is not a relevant consideration, and is totally improper.”

Dr Donnelly also said the incident demonstrated how the department is using the character test that as a “back door” to go around regular processes under the extradition laws.

The red notice has since been removed from Interpol’s website.

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