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Sri Lankan Asylum Seekers - Urgent Action

February 27, 2007 · Print This Article

The Australian navy recently intercepted a boat carrying 83 Sri Lankans and 2 Indonesians. After some time aboard the HMAS Success, these men - who on the face of it may have a good claim to refugee or humanitarian protection - have been taken to Christmas Island for initial checks.According to numerous media reports, Australian officials have been in discussions with Indonesia and Sri Lanka regarding the return of these men to Indonesia and from there, possibly, to Sri Lanka. Australia’s primary obligation to refugees is not to refoule them - that is to return them, directly or indirectly, to a country where they face persecution. To engage in discussions with the governments of the very countries these men have fled sets a dangerous precedent.

Email the Immigration Minister

Please use the following points to email the Immigration Minister, Kevin Andrews - Kevin.Andrews.MP@aph.gov.au calling on him to ensure that the rights of these men are protected and their safety ensured..

  • Express concern about reports that the Australian Government is considering a plan that could result in the refoulement of the 83 asylum seekers from Sri Lanka and two from Indonesia.
  • It is very likely that many Sri Lankan asylum seekers have a genuine case for refugee or humanitarian protection. During the ongoing conflict in Sri Lanka, reports have emerged of state-sanctioned abduction, torture and rape, extra-judicial killings and disappearances.
  • The UNHCR’s December 2006 Advisory on the International Protection Needs of Asylum Seekers from Sri Lanka states that Tamils from the North and East should be favourably considered under the 1951 Refugee Convention and should not be returned to Sri Lanka at present.
  • The men should have their asylum claims heard on Christmas Island under the best available status determination process. If found to be refugees, Australia is obliged to offer them protection.
  • Indonesia and Nauru are not signatories to the 1951 UN Refugee Convention, and Australia has no control over how these countries might choose to treat the men. It is disturbing that Indonesian officials have been quoted in the media saying that Indonesia would act as a ‘transit stop’ on the way to eventual repatriation in Sri Lanka.
  • The reported involvement of the Sri Lankan and Indonesian Governments is particularly troubling. On Saturday 24th February, Sri Lanka’s ambassador to Indonesia, Mr Janaka Perera, was quoted as confirming that conversations had been held between immigration and law enforcement officials of the three nations , and that as a result, the asylum seekers would be removed and refouled. It is inappropriate that the Australian Government or its representatives would discuss a matter of international refugee protection with the Governments of countries that these asylum seekers have fled.
  • Welcome the minister’s assurances that no action will be taken which would place Australia in breach of our international obligations and that no asylum seeker will be returned to a country where they face persecution.
  • Call on the minister to ensure that this assurance is fully implemented.

News Sources

The following is a small sample of media stories relevant to this action:

TEAR’s advocacy information and resources are online at www.tear.org.au/advocacy
Advocacy and campaigning issues are also discussed at Ben’s Blog


Written by ben · Filed Under MoreActions, MoreMigration 
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