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Chapter 1 - Introduction
Background
1.1
On 12 September
2005, the committee tabled the first of two reports in relation to its
inquiry into protection visas and deportation matters. The first report examined
the government's response to Mr Chen
Yonglin's request for political asylum.
1.2
The second report, tabled on 15 September 2005, was an interim report on a second
high profile case: that of Ms Vivian
Solon, an Australian citizen who was removed
from Australia to
the Philippines
in July 2001.
1.3
The committee did not have the opportunity to examine
any of the officers directly involved in the removal, search for and discovery
of Ms Solon
because the Commonwealth Ombudsman was conducting an investigation into this
matter at the same time. Mr Neil
Comrie, who conducted the inquiry, requested
that no officers involved in the Ms Solon
matter be approached in relation to their dealings with her until his
investigation was finalised. The committee decided to table its preliminary
findings in an interim report and to await the publication of the Ombudsman's
report before tabling a final report on this matter.[1]
1.4
On 6 October
2005, the Commonwealth Ombudsman released the report prepared by Mr
Neil Comrie.
1.5
This is the committee's final report which focuses on
the committee's response to the report by Mr
Comrie. Taking into consideration the findings
and recommendations made by Mr Comrie and Mr Mick Palmer,[2] where relevant, the committee makes further
comment and recommendations. The committee does this where certain issues were
not addressed by the other two reports or where the committee considered
comment needed to be further strengthened with a recommendation.
1.6
The committee was asked to examine issues surrounding Ms
Solon's removal, search and discovery,
concentrating in particular on the involvement of the Department of Foreign
Affairs and Trade (DFAT). However, the Department of Immigration and
Multicultural and Indigenous Affairs (DIMIA) played the central role in Ms
Solon's removal, and the decisions taken by
DIMIA are critical to understanding the context for DFAT involvement. To
provide this context for the reader and ensure clarification of the role played
by each department, DIMIA's actions and questions arising from its actions are also
addressed in this report.
Establishment of the inquiry
Terms of reference
1.7
On 16 June
2005, the Senate, on the motion of Senator Bob
Brown, referred the following matters to the
Foreign Affairs, Defence and Trade References Committee
for inquiry and report by 9 August 2005:
- The response of Department of Immigration Multicultural
and Indigenous Affairs, Department of Foreign Affairs and Trade, Attorney–General's
Department and their respective Ministers to Mr Chen Yonglin's approaches or
requests to the Australian Government for asylum and/or a protection visa;
- The application of the Migration Act 1958, its
regulations and guidelines concerning the maintenance of confidentiality for
any consular officials or staff (including Mr Chen Yonglin, and any other
former consular officials or staff) who were applicants for territorial asylum
and/or protection visas by Department of Immigration Multicultural and
Indigenous Affairs, Department of Foreign Affairs and Trade and their
respective Ministers;
- The involvement of the Department of Foreign Affairs and
Trade and the Minister in the deportation, search and discovery of Vivian
Solon, and;
- any related matters.
This report addresses terms of reference (c) and (d).
Conduct of the inquiry
1.8
The committee advertised the inquiry in The Australian on 22 June 2005 and on its website. It wrote to
relevant Ministers and departments, interested individuals and groups inviting
submissions. The committee received nine public submissions and one
confidential submission from a range of organisations and individuals. A list
of individuals and organisations who made a public submission or provided other
information that was authorised for publication by the committee is in Appendix
1.
1.9
The committee held a public hearing in Sydney
and four public hearings in Canberra.
A list of witnesses who gave evidence at the public hearings is in
Appendix 2.
Acknowledgment
1.10
The committee is grateful to, and wishes to thank, all
those who assisted with its inquiry.
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