Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

The people smugglers

By Marilyn Shepherd - posted Tuesday, 15 May 2012


Now the result of the government repeatedly ignoring every legal expert and human rights organisation is the country is:

1. Ali Jasmin, aged 13 on arrival, deemed to be 19 based only on a wrist x-ray taken by a gastroenterologist with no bone x-ray experienceand on the test which is itself discredited.

2. And then in February 2010, a teenager named Ardi headed down to the water. That is his only name. He is 16, he believes, although he has no way of confirming it. Few people here have more than a basic education -- Ardi made it to Year 3 -- which makes reading a luxury, and legal documentation like birth certificates a rarity. He is an orphan, too.

Advertisement

3. Then there is the case of Ose and Ako Lani and John Ndollu.

4. And finally an intellectually disabled orphan from Pantar Island near Timor, found to be a teenager who was freed after nearly two years in an adult Sydney prison.

These children are all in adult prisons in breach of the law that says children should not be jailed but sent home. None of them had a lawyer prepared to enter their birth certificates in court because they are not nice and modern like ours, none of the judges noticed they were dealing with very young teenage boys, none of the prison guards spoke out, not one person pointed out in the media or courts that they were jailing children as young as 13.

To make it worse instead of using the smuggling protocol to protect those who merely assist refugees in their legal travels to seek asylum the government are keeping these children and hundreds of adults in prisons without charge until all refugee cases are settled.

Why you ask? Because until the claims have been settled the refugees who come by sea are not deemed to have entered Australia because they arrive at an island which is outside Australia for the purposes of the Migration Act. It is only when they arrive in Australia on an Australian jumbo, courtesy of the Australian people, that they are deemed to have entered Australia and it is only then that the Indonesians are charged with smuggling.

As the Perth Chief Justice stated in March: it is risible to call it people smuggling".

Advertisement

But the government is so determined to "send a message" now 16 year old Ali Jasmin rots in Albany prison with murderers and rapists.

  1. Pages:
  2. 1
  3. Page 2
  4. All


Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

28 posts so far.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Author

Marilyn Shepherd is a refugee advocate who became interested in the plight of Afghan refugees after the TAMPA. She became particularly involved with the Bakhtiyari family throughout their long struggle to stay in Australia.

Other articles by this Author

All articles by Marilyn Shepherd

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Photo of Marilyn Shepherd
Article Tools
Comment 28 comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Advertisement

About Us Search Discuss Feedback Legals Privacy