Footnotes

[1] Submission 7 (Refugee Advice and Casework Service), pp. 11-12.

[2] Submission 7 (RACS), pp. 11-12.

[3] The Weekend Australian, 11 June 2005, p. 19.

[4] Committee Hansard, 26 July 2005, pp. 45-46.

[5] Submission 7 (RACS), pp. 12-13.

[6] Committee Hansard, 26 July 2005, p. 80.

[7] Committee Hansard, 25 July 2001, p. 56.

[8] Committee Hansard, 25 July 2005, p. 66.

[9] Committee Hansard, 25 July 2005, p. 66.

[10] Committee Hansard, 25 July 2005, p. 67.

[11] Committee Hansard, 25 July 2005, p .68.

[12] Statement of events on 26 May 2005 by the Executive Assistants to State Director, DIMIA, NSW Office.

[13] Committee Hansard, 25 July 2005, p. 75.

[14] Committee Hansard, 26 July 2005, p. 52.

[15] Committee Hansard, 25 July 2005, p. 71.

[16] Committee Hansard, 25 July 2005, p. 50.

[17] 8 June 2005 Department of Immigration and Multicultural and Indigenous Affairs Media Release titled Setting the Record Straight – Contact with the PRC Consulate accessed at http://www.immi.gov.au/media_releases/media05/d05018.htm on 5.7.05.

[18] Committee Hansard, 26 July 2005, p. 29.

[19] Committee Hansad, 25 July 2005, p. 70.

[20] Committee Hansard, 25 July 2005, p. 71.

[21] Submission 7 (RACS), p. 13.

[22] Committee Hansard, 25 July 2005, p. 67.

[23] Submission 7 (RACS), p. 13.

[24] Committee Hansard, 26 July 2005, p. 45.

[25] Committee Hansard, 26 July 2005, p. 45.

[26] Committee Hansard, 26 July 2005, p. 45.

[27] Letter from Mr Chen to Mr O'Callaghan seeking political asylum dated 25 May 2005.

[28] Committee Hansard, 26 July 2005, p. 57.

[29] Committee Hansard, 26 July 2005, p. 52.

[30] Submission 1 (Federation For a Democratic China), pp. 2 and 5.

[31] Submission 4 (Falun Dafa Association of NSW Inc), p .2.

[32] Submission 2 (UNHCR), p. 2.

[33] Submission 1(Federation for a Democratic China), p. 5.

[34] Submission 4 (Falun Dafa Association of NSW), p. 2.

[35] Submission 2 (UNHCR), p. 2.

[36] Committee Hansard, 26 July 2005, pp. 28-29.

[37] Submission 2 (UNHCR), pp. 1-4.

[38] Sydney Morning Herald, 11 June 2005, p. 6.

[39] Committee Hansard, 26 July 2005, p. 31.

[40] According to the Migration Act 1958, 5A personal identifier means any of the following (including any of the following in digital form): (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies); (b) a measurement of a person's height and weight; (c) a photograph or other image of a person's face and shoulders; (d) an audio or a video recording of a person (other than a video recording under section 261AJ); (e) an iris scan; (f) a person's signature; (g) any other identifier prescribed by the regulation, other than an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914, accessed at http://www.comlaw.gov.au on 2.8.05.

[41] Committee Hansard, 26 July 2005, p. 17.

[42] Submission 7 (RACS), pp. 16-17.

[43] Committee Hansard, 26 July 2005, p. 19.

[44] Committee Hansard, 26 July 2005, p. 61.

[45] Committee Hansard, 25 July 2005, p. 61.

[46] Committee Hansard, 25 July 2005, p. 62.

[47] Committee Hansard, 25 July 2005, p. 62.

[48] Committee Hansard, 25 July 2005, p. 63.

[49] Committee Hansard, 25 July 2005, p. 59.

[50] Committee Hansard, 25 July 2005, p. 63.

[51] Committee Hansard, 25 July 2005, p. 59.

[52] Committee Hansard, 25 July 2005, p. 65.

[53] Committee Hansard, 25 July 2005, p. 73.

[54] Committee Hansard, 25 July 2005, p. 73.

[55] Committee Hansard, 25 July 2005, p. 79.

[56] Committee Hansard, 25 July 2005, p. 74.

[57] Committee Hansard, 26 July 2005, p. 76.

[58] Committee Hansard, 25 July 2005, p. 85.

[59] Committee Hansard, 25 July 2005, p .85.

[60] DIMIA Procedures Advice Manual 3 – Schedule 2 Visa 800 – Territorial Asylum.

[61] DIMIA Procedures Advice Manual 3 – Schedule 2 Visa 800 – Territorial Asylum.

[62] Migration Regulations – Subclass 800 – Territorial Asylum.

[63] Committee Hansard, 25 July 2005, p. 78.

[64] Committee Hansard, 26 July 2005, pp. 23-24.

[65] Committee Hansard, 26 July 2005, p. 58.

[66] Committee Hansard, 26 July 2005, p. 58.

[67] Committee Hansard, 26 July 2005, p. 87.

[68] Committee Hansard, 26 July 2005, p. 88.

[69] Committee Hansard, 26 July 2005, p. 34.

[70] Committee Hansard, 26 July 2005, p. 35.

[71] Committee Hansard, 26 July 2005, p. 35.

[72] Committee Hansard, 26 July 2005, p. 37.

[73] Submission 6 (Mr Collaery), p .2.

[74] Submission 6 (Mr Collaery), p. 2.

[75] Committee Hansard, 26 July 2005, p. 48.

[76] Committee Hansard, 26 July 2005, p. 49.

[77] Committee Hansard, 26 July 2005, p. 89.

[78] Committee Hansard, 26 July 2005, p. 90.

[79] Committee Hansard, 26 July 2005, p. 88.

[80] Committee Hansard, 26 July 2005, p. 30.

[81] Letter from Ms Morton, DFAT, to committee secretary regarding the committee's inquiry into Australia's relationship with China dated 18 July 2005.

[82] Committee Hansard, 26 July 2005, p. 58.

[83] Submission 1(Federation for a Democratic China), p. 4.

[84] Committee Hansard, 26 July 2005, p. 64.

[85] Committee Hansard, 26 July 2005, p. 26.

[86] Committee Hansard, 26 July 2005, p. 26.

[87] Committee Hansard, 26 July 2005, pp. 29-30.

[88] Committee Hansard, 26 July 2005, p. 27.

[89] Committee Hansard, 26 July 2005, p. 49.

[90] Committee Hansard, 26 July 2005, p. 57.

[91] Committee Hansard, 26 July 2005, p. 28.

[92] Committee Hansard, 26 July 2005, p. 28.

[93] Submission 6 (Mr Collaery), p. 17.

[94] The Age, 10 June 2005, p. 4.

[95] Transcript PM, 6 June 2005.

[96] Transcript PM, 7 June 2005.

[97] The Australian, 8 June 2005, p. 3.

[98] The Age, 10 June 2005, p .4.

[99] West Australian, 10 June 2005, p .4.

[100] Canberra Times, 10 June 2005, p. 4.

[101] Minister for Foreign Affairs, Press Conference transcript, 8 June 2005, accessed at http://fff.foreignminister.gov.au/transcripts/2005/050608_press_conf.html on 2.8.05.

[102] Letter from the Minister for Foreign Affairs to Mr Mark Green dated 14 June 2005.

[103] Committee Hansard, 25 July 2005, p. 82.

[104] Committee Hansard, 26 July 2005, p. 79.

[105] Committee Hansard, 26 July 2005, p. 77.

[106] Committee Hansard, 25 July 2005, p. 75.

[107] Committee Hansard, 25 July 2005, p. 77.

[108] DIMIA talking points for 27 May conversation with Mr Chen.

[109] Committee Hansard, 25 July 2005, p. 80.

[110] Committee Hansard, 25 July 2005, p. 80.

[111] Committee Hansard, 25 July 2005, pp. 60-61.

[112] Committee Hansard, 25 July 2005, p. 86.

[113] Committee Hansard, 25 July 2005, p. 87.

[114] Committee Hansard, 26 July 2005, p. 52.

[115] Submission 7 (RACS), p. 14.

[116] Committee Hansard, 26 July 2005, p. 7.

[117] Committee Hansard, 26 July 2005, p. 8.

[118] Additional information received from AFP on 16 August 2005.

[119] Submission 7 (RACS), p. 7.

[120] Submission 7 (RACS), p. 14.

[121] Committee Hansard, 26 July 2005, pp. 48-49.

[122] Committee Hansard, 26 July 2005, p. 54.

[123] Committee Hansard, 26 July 2005, p. 45.

[124] Committee Hansard, 26 July 2005, p. 80.

[125] Committee Hansard, 26 July 2005, pp. 82-83.

[126] Committee Hansard, 26 July 2005, p. 83.

[127] Committee Hansard, 25 July 2005, p. 84.

[128] Committee Hansard, 26 July 2005, p. 55.

[129] Committee Hansard, 26 July 2005, pp. 55-56.

[130] Committee Hansard, 26 July 2005, p. .80.

[131] Committee Hansard, 26 July 2005, pp. .80-81.

[132] Committee Hansard, 26 July 2005, p. 60.

[133] Committee Hansard, 26 July 2005, p. 45.

[134] Committee Hansard, 26 July 2005, p. 50.

[135] Committee Hansard, 26 July 2005, p. 82.

[136] Committee Hansard, 26 July 2005, p. 82.

[137] Committee Hansard, 26 July 2005, pp. 82-83.

[138] Committee Hansard, 26 July 2005, p. 87.

[139] Submission 7 (RACS), p. 7.

[140] Submission 7 (RACS), p. 11.

[141] The Australian, 13 June 2005, p. 5.

[142] The Canberra Times, 15 June 2005, p. 3.

[143] Australian Financial Review, 15 June 2005, p. 4.

[144] West Australian, 13 June 2005, p. 4.

[145] Transcript, Lateline, 6 June 2005, accessed at http://www.abc.net.au/lateline/content/2005/s1385925.htm on 4.8.05.

[146] Committee Hansard, 8 August, p. 65.

[147] See The Age, 15 June 2005, p. 4; the Australian Financial Review, 15 June 2005, p. 4.

[148] Submission 7 (RACS), pp. 11-12.

[149] Australia Falun Dafa Information Centre, accessed at http://www.falunau.org/aboutdafa.htm on 14.7.05.

[150] Luo Gan, member of the Political Bureau of the Chinee Communist Party Central Committee, addressing a national conference of directors of justice departments, 28 December 1999, quoted in a paper by Amnesty International, The crackdown on Falun Gong and other so-called 'heretical organisations' accessed at http://web.amnesty.org/library/print/ENGASA170112000 on 6.7.05.

[151] Chinese Minister for Foreign Affairs, Tang Jiaxuan, meeting with the Australian Minister for Foreign Affairs, Alexander Downer on 19 March 2002, accessed at http://www.dfat.gov.au/media/transcripts/2002/020319_pressconf_formin_china_aus on 10.8.05.

[152] Committee Hansard, 26 July 2005, p. 53.

[153] The evidence regarding the persecution of Falun Gong is supported by Submission 1 (FDC), Submission 4 (Falun Dafa Association of NSW) and Submission 6 (Mr Collaery).

[154] See The Australian, 6 June, p.4; the Australian Financial Review, 6 June 2005, p. 8.

[155] Committee Hansard, 26 July 2005, p. 53.

[156] Testimony of Chen Yonglin at the United States Congress Committee on International Relations, 21 July 2005.

[157] Committee Hansard, 27 June 2005, p. 80.

[158] Committee Hansard, 27 June 2005, p. 83.

[159] Canberra Times, 6 June 2005, p. 3.

[160] Submission 5 (ASIO), pp. 1-2.

[161] Submission 1 (Federation for a Democratic China), pp. 2-3.

[162] Committee Hansard, 25 July 2005, p. 2.

[163] Transcript, Lateline, 6 June 2005, accessed at http://www.abc,net.au/lateline/content/2005/s1385925.htm on 4.8.05.

[164] Committee Hansard, 26 July 2005, pp. 1-2.

[165] Committee Hansard, 26 July 2005, p. 3.

[166] Committee Hansard, 26 July 2005, p. 10.

[167] Committee Hansard, 26 July 2005, pp. 56-57.

[168] Committee Hansard, 26 July 2005, pp. 68-69.

[169] Committee Hansard, 26 July 2005, pp. 70-71.

[170] Submission 4 (Falun Dafa Association of NSW), p.3.

[171] Submission 4 (Falun Dafa Association of NSW), p.6.

[172] Committee Hansard, 25 July 2005, p. 13.

[173] Committee Hansard, 25 July 2005, p. 21.

[174] Committee Hansard, 25 July 2005, p. 20.

[175] Committee Hansard, 25 July 2005, p. 12.

[176] Committee Hansard, 8 August 2005, p. 46.

[177] Committee Hansard, 8 August 2005, p. 47.

[178] Committee Hansard, 8 August 2005, p. 47.

[179] Additional Information from DIMIA received on 16 August 2005.

[180] E.g. Senator Vanstone in response to questions from Senator Ray, Senate Hansard, 12/5/2005 p58, and from Senator Faulkner, Senate Hansard, 18/8/2005, p 76

[181] Submission 7 (Refugee Advice and Casework Service), pp. 11–12.

[182] Submission 7 (RACS), pp. 11–12.

[183] The Weekend Australian, 11 June 2005, p. 19.

[184] Committee Hansard, 26 July 2005, pp. 45–46.

[185] Submission 7 (RACS), pp. 12–13.

[186] Committee Hansard, 26 July 2005, p. 80.

[187] Committee Hansard, 25 July 2005, p. 56.

[188] Committee Hansard, 25 July 2005, p. 66.

[189] Committee Hansard, 25 July 2005, p. 66.

[190] Committee Hansard, 25 July 2005, p. 67.

[191] Committee Hansard, 25 July 2005, p. 68.

[192] Statement of events on 26 May 2005 by the Executive Assistants to State Director, DIMIA, NSW Office.

[193] Committee Hansard, 25 July 2005, p. 75.

[194] Committee Hansard, 26 July 2005, p. 52.

[195] Committee Hansard, 25 July 2005, p. 71.

[196] Committee Hansard, 25 July 2005, p. 50.

[197] 8 June 2005, Department of Immigration and Multicultural and Indigenous Affairs, Media Release, titled Setting the Record Straight—Contact with the PRC Consulate. Accessed at http://www.immi.gov.au/media_releases/media05/d05018.htm on 5.7.05.

[198] Committee Hansard, 25 July 2005, p. 70.

[199] Committee Hansard, 25 July 2005, p. 71.

[200] Committee Hansard, 25 July 2005, p. 67.

[201] Committee Hansard, 26 July 2005, p. 45.

[202] Committee Hansard, 26 July 2005, p. 45.

[203] Committee Hansard, 26 July 2005, p. 45.

[204] Letter from Mr Chen to Mr O'Callaghan seeking political asylum dated 25 May 2005.

[205] Committee Hansard, 26 July 2005, p. 57.

[206] Committee Hansard, 26 July 2005, p. 52.

[207] Submission 2 (UNHCR), pp. 1–4.

[208] Sydney Morning Herald, 11 June 2005, p. 6.

[209] According to the Migration Act 1958, 5A personal identifier means any of the following (including any of the following in digital form): (a) fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies); (b) a measurement of a person's height and weight; (c) a photograph or other image of a person's face and shoulders; (d) an audio or a video recording of a person (other than a video recording under section 261AJ); (e) an iris scan; (f) a person's signature; (g) any other identifier prescribed by the regulation, other than an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914. Accessed at http://www.comlaw.gov.au on 2.8.05.

[210] Committee Hansard, 25 July 2005, p. 61.

[211] Committee Hansard, 25 July 2005, p. 62.

[212] Committee Hansard, 25 July 2005, p. 62.

[213] Committee Hansard, 25 July 2005, p. 63.

[214] Committee Hansard, 25 July 2005, p. 59.

[215] Committee Hansard, 25 July 2005, p. 63.

[216] Committee Hansard, 25 July 2005, p. 59.

[217] Committee Hansard, 25 July 2005, p. 65.

[218] Committee Hansard, 25 July 2005, p. 73.

[219] Committee Hansard, 25 July 2005, p. 73.

[220] Committee Hansard, 25 July 2005, p. 79.

[221] Committee Hansard, 25 July 2005, p. 74.

[222] Committee Hansard, 26 July 2005, p. 76.

[223] Committee Hansard, 25 July 2005, p. 85.

[224] Committee Hansard, 25 July 2005, p. 85.

[225] DIMIA Procedures Advice Manual 3 – Schedule 2 Visa 800 – Territorial Asylum.

[226] DIMIA Procedures Advice Manual 3 – Schedule 2 Visa 800 – Territorial Asylum.

[227] Migration Regulations – Subclass 800 – Territorial Asylum.

[228] Committee Hansard, 25 July 2005, p. 78.

[229] Committee Hansard, 26 July 2005, p. 87.

[230] Committee Hansard, 26 July 2005, p. 88.

[231] Committee Hansard, 26 July 2005, p. 34.

[232] Committee Hansard, 26 July 2005, p. 35.

[233] Committee Hansard, 26 July 2005, p. 48.

[234] Committee Hansard, 26 July 2005, p. 88.

[235] Committee Hansard, 26 July 2005, p. 79.

[236] Committee Hansard, 26 July 2005, p. 77.

[237] Committee Hansard, 25 July 2005, p. 75.

[238] Committee Hansard, 25 July 2005, p. 77.

[239] DIMIA talking points for 27 May conversation with Mr Chen.

[240] Committee Hansard, 25 July 2005, p. 80.

[241] Committee Hansard, 25 July 2005, p. 80.

[242] Committee Hansard, 25 July 2005, pp. 60-61.

[243] Submission 7 (RACS), p. 7.

[244] Submission 7 (RACS), p. 14.

[245] Committee Hansard, 26 July 2005, pp. 48-49.

[246] Committee Hansard, 26 July 2005, p. 54.

[247] Committee Hansard, 26 July 2005, p. 80.

[248] Committee Hansard, 26 July 2005, pp. 82-83.

[249] Committee Hansard, 26 July 2005, p. 83.

[250] Committee Hansard, 25 July 2005, p. 84.

[251] Committee Hansard, 26 July 2005, p. 55.

[252] Committee Hansard, 26 July 2005, pp. 55-56.

[253] Committee Hansard, 26 July 2005, pp. 80-81.

[254] Committee Hansard, 26 July 2005, p. 50.

[255] Committee Hansard, 26 July 2005, p. 82.

[256] Committee Hansard, 26 July 2005, p. 82.

[257] Committee Hansard, 26 July 2005, pp. 82-83.

[258] Committee Hansard, 26 July 2005, p. 87.

[259] Submission 7 (RACS), p.7.

[260] Submission 7 (RACS), p.11.

[261] The Australian, 13 June 2005, p. 5.

[262] The Canberra Times, 15 June 2005, p. 3.

[263] Australian Financial Review, 15 June 2005, p. 4.

[264] West Australian, 13 June 2005, p. 4.

[265] Transcript, Lateline, 6 June 2005, accessed at http://www.abc.net.au/lateline/content/2005/s1385925.htm on 4.8.05.

[266] Committee Hansard, 8 August, p. 65.

[267] See The Age, 15 June 2005, p. 4; the Australian Financial Review, 15 June 2005, p. 4.

[268] Submission 7 (RACS), pp. 11-12.

[269] Australia Falun Dafa Information Centre, accessed at http://www.falunau.org/aboutdafa.htm on 14.7.05.

[270] Luo Gan, member of the Political Bureau of the Chinee Communist Party Central Committee, addressing a national conference of directors of justice departments, 28 December 1999, quoted in a paper by Amnesty International, The crackdown on Falun Gong and other so-called 'heretical organisations' accessed at http://web.amnesty.org/library/print/ENGASA170112000 on 6.7.05.

[271] Chinese Minister for Foreign Affairs, Tang Jiaxuan, meeting with the Australian Minister for Foreign Affairs, Alexander Downer on 19 March 2002, accessed at http://www.dfat.gov.au/media/transcripts/2002/020319_pressconf_formin_china_aus on 10.8.05.

[272] See The Australian, 6 June, p.4; the Australian Financial Review, 6 June 2005, p. 8;

[273] Committee Hansard, 26 July 2005, p. 53.

[274] Testimony of Chen Yonglin at the United States Congress Committee on International Relations, 21 July 2005.

[275] Canberra Times, 6 June 2005, p. 3.

[276] Submission 5 (ASIO), pp. 1-2.

[277] Transcript, Lateline, 6 June 2005, accessed at http://www.abc,net.au/lateline/content/2005/s1385925.htm on 4.8.05.

[278] Committee Hansard, 26 July 2005, pp. 1-2.

[279] Committee Hansard, 26 July 2005, p. 3.

[280] Committee Hansard, 26 July 2005, p. 10.

[281] Committee Hansard, 26 July 2005, pp. 56-57.

[282] Committee Hansard, 26 July 2005, pp. 68-69.

[283] Committee Hansard, 26 July 2005, pp. 70-71.

[284] Committee Hansard, 8 August 2005, p. 46.

[285] Committee Hansard, 8 August 2005, p. 47.

[286] Committee Hansard, 8 August 2005, p. 47.

[287] Additional Information from DIMIA on 16 August 2005.

[288] Committee Hansard, 26 July 2005. p. 66.

[289] Committee Hansard, 26 July 2005, p. 68.

[290] Committee Hansard, 26 July 2005, p. 68.

[291] Submission 6 (Mr Collaery), p.12.

[292] Submission 6 (Mr Collaery), p.5.

[293] Submission 6 (Mr Collaery). pp.13-14.

[294] Australian Policy Online, accessed at http://www.apo.org.au/webboard/print-version.chtml?filename_num=01207 on 15.7.05.

[295] Submission 4 (Falun Dafa Association of NSW), pp.8-9.

[296] Lateline transcript, 6 July 2005.

[297] Lateline transcript, 6 July 2005.

[298] U.S Department of State, Supporting Human Rights and Democracy: The US record 2004-05, 28 March 2005, accessed at http://www.state.gov/g/drl/rls/shrd/2004 on 7.7.05.

[299] U.S Department of State, China (includes Hong Kong and Macau) International Religious Freedom Report 2002, accessed at http://www.state.gov/g/drl/rls/irf/2002/13870.htm on 11.7.05.

[300] U.S. Department of State, China (includes Tibet, Hong Kong and Macau) Country Reports on Human Rights Practices 2002, accessed at http://www/state.gov/g/drl/rls/hrrpt/2002/18239.htm on 11.7.05.

[301] 22 April 2005 UA 97/05 Fear of torture or ill-treatment/possible prisoner of conscience, accessed at http://web.amnesty.org/library/print/ENGASA170092005 on 6.7.05.

[302] 15 March 2002 UA 81/02 People's Republic Falun Gong practitioners in Chanchun City of China, accessed at http://web.amnesty.org/library/print/ENGASA170112002 on 6.7.05.

[303] Committee Hansard, 26 July 2005, p. 67.

[304] Australian Policy Online, 21 June 2005, accessed at http://www.apo.org.au/webboard/print-version.chtml?filename_num=12165 on 15.7.05

[305] Submission 26 July 2005, p.74.

[306] 9 June media statement regarding the defection of Mr Chen Yonglin and Mr Hao Fengjun from the Chinese government accessed at http://www.falunau.org.printArticle.jsp?itemID+15762 on 6.7.05.

[307] Committee Hansard, 25 July 2005, p. 4.

[308] Committee Hansard, 25 July 2005, p. 4.

[309] Committee Hansard, 25 July 2005, p. 4.

[310] Committee Hansard, 25 July 2005, p. 11.

[311] Committee Hansard, 27 June 2005, p. 80.

[312] Committee Hansard, 27 June 2005, p. 79.

[313] Committee Hansard, 27 June 2005, p. 80.

[314] Committee Hansard, 27 July 2005, p. 81.

[315] Australian Policy Online, 21 June 2005, accessed at http://www.apo.org.au/webboard/print-version.chtml?filename_num=12165 on 15.7.05.

[316] Committee Hansard, 27 June, 2005, p. 82.

[317] Committee Hansard, 27 June 2005, p. 83.