UPDATED Media Q&A

Sri Lankan unauthorised arrivals

tssue: ' Q&A on situation regarding the group of 85 people intercepted by HMAS Success and cunently accommodated on Christmas lsland,
UPDATED HOLDING TALKING POINTS:

. o .

Exploratory discussions are continuing between Australia and lndonesia regarding the possibility of readmission of the group, lndonesia and Nauru both remain options for the handling of the group. While the Government is considering options, clearly no action would be taken which would brdach our intemational obligations.

Previous Talking points.,

o .

The group of 85 people intercepted by HMAS Success on 20 February were transfered to Christmas lsland on 24 February.
They are being temporarily accommodated on Christmas lsland while health checks and information gathering processes continue.
are offshore entry people under the Migration Act and, in line with Government policy, will be managed off-shore and will not be to the mainland.

stralian Government is exploring a range of options for the handling of Preliminary discussions have commenced with both lndonesia and

the Government is considering options, clearly no action would be taken would breach our intemational obligations. Any suggestions that Australia would deny the opportunity for refugee claims to be processed in accordance with our international obligations or agree to an arrangement which would see refugees retumed to a country where they face persecution are wrong.

lf asked: But they have claimed asylum. How can you even be considering returning them to lndonesia?

o
.o

Discussions with the lndonesian governmenl so far have been preliminary.

lndications are the group left from lndonesia to come to Australia.

There are long-standing anangements in place with lndonesia underwhich relevant international organisations provide care and support for asylum seekers in lndonesia and the UNHqR is able to conduct refugee assessments there and refer those found to be refugees for resettlement in third countries.

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back to lndonesia only if they can access these arrangements.

It's been repofied the lndonesians intend to send them back to Sri Lanka. lsn't this a breach of Australia's international obligations?

o . .

Discussions with the lndonesian government so far have been preliminary. While the Government is considering options, clearly no action would be taken which would breach our international obligations.

Any suggestion that Australia would agree to an arrangement which would see refugees returned to a country where they face persecution is wrong.

Couldn't they be processed o n Christmas lsland?

The Australian Government continues to explore a range of options for the handling of this group.

are offshore entry people under the Migration Act and, in line with

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suci.sstul in siemmlng the flow of unauthorised boat arrivals, the Centre's
capacity needs to be available. The Govemment needs to send a strong message of deterrence to people smugglers.

r$P tr.ro, and oth*s, aren'tgoingfo De process ed on Chistmas lsland, why spending $400 million to build a new centre on the island? a- ifgf-"rnment

two lndonesians who were on board the vesse/? Wouldn't returning them to lndonesia be refoulement?
What about the

The two lndonesians on board were crew. They have been interviewed and have no Protection claims. custody to wiiir Hrtigration Act offences. They'have been remanded into AFP appeat in a Perth court on Tuesday (1313107)' happen

rThetwolndonesianmenhaveappearedbeforeChristmaslslandCourtcharged

What

will

to

the Sri Lankans if they go back to lndonesia?

option' so it would be We are still in the preliminary stages of considering this inaPProPriate to speculate'
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We would ensure our international obligations are met.

There are long-standing anangements in place with lndonesia under which relevant intemational organisations provide care and support for asylum seekers in lndonesia and the UNHCR is able to conduct refugee assessments there and refer those found to be refugees for resetilement in third countries. ln accordance with Australia's international obllgations, the group would be sent back to lndonesia only if they can access these anangements.

Was the AFP aware of this boatload of Sri Lankans before

it

lefl lndonesia?

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Australian government agencies, including the AFP work closely wiih their regional counterparts to combat people smuggling. We do not comment on specific AFP operational issues. fOng ror tte goverIPmenfro ma a sraremerf e vesser was
Or1 19 Fe a ,

pyd d ra s

office of the Minister for lmmigration and Citizenship first responded to ia inquiries aboutlhe vessel at about 8:30pm on 20 February.

' o o '

ministi;r released a detailed media statement at spm on 22 February.

Have they claimed asylum?

09/03/07

they taken there immediately?

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We needed io gather more information about the group and consider a range of
options before a decision could be made.

At all times, our highest priority was their health and wellbeing. They were well looked afterwhile on board HMAS Success.

why were th.e pegple kept waiting on the wharf at christmas lsrand before they were moved to the detention centre?
once they came off HMAS success, customs and quarantine officiars had to complete their standard entry checks.

Will they be taken to Nauru from Christmas lsland?

we are.exproring a range of options for the handring of this group. preriminary discussions have commenced with Nauru.
lf is. decided they wiil be moved to Nauru, this wourd be done in accordance .it with the existing MOU we have with the ruluruan government.

we are stirr going through initiar checks but we understand that some members

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of the group have indicated that they wish to seek asylum.

in thelr

As a matter of course, the government will ensure Australia'S intemational obligations continue to be met.

Have the Sri Lankans claimed they are the victims of torture and trauma home country?

o .

For privacy reasons, we do not discuss details of what individuals may ciaim.

Any specific claims will be assessed in accordance with Australia's international obligations.

ls it true that at least some of them have IINHCR documentation?

UNHCR documentation relating to two people was found on board the vessel and this is being examined further and has been shared with UNHCR.

't there more than two of the group known to the UNHCR ln Jakarta?
l and the UNHCR are cross-checking whether individuals at Christmas were registered as asylum-seekers with UNHCR in lndonesia. We are our way through that process which is ongoing.
sfrarFab"rerrarrOna aro s rO reFagees2 ln this context, Australia's principal obligation to refugees is not to retum (refoule) them, directly or indirectly, to a country where they face persecution.

can Australla be assured that lndonesia would not return Sri Lankan rO sri a a?

Australia could be satisfied by specific assurances from the lndonesian government (taking into account past practice of the lndonesian authorities in letting asylum seekers remain in lndonesia to have their asylum claims heard by UNHCR and, if found to be refugees, to remain there until resettlement opportunities are found in third countries).

Are you in discussions with the Sri Lankan government about return options?

No,

Have Sri Lankan officials been ih contact with the Auslralian Government regarding this group?

r . .

Yes, they have made inquiries about their nationals. We have not provided identifying information on the individuals.

Any individual in the group can have consular access, if they request

it.

You say they are offshore entry people but they didn't even reach Australian waters, lf they didn't enter Australian territory, how can they he offshore entry
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people?

. o o o

This vessel was not engaged in any legitimate commercial activity when detected and intercepted by Border Protection Command. Their intent to reach Christmas lsland was made clear. They had no laMul basis to do this.
Under the Migralion Act, there is no distinction made as to how someone arrives at an excised offshore place, and thereby becomes an offshore entry person.

Their boat was unseaworthy, which is why they were transported to Christmas lsland on board HMAS Success.

But hasn't the Govemment made them offshore entry people by picking them up at sea and taking them to Christmas lsland?

o r

Their boat was unseaworthy, and their lives were potentially in jeopardy. That is why they agreed to board HMAS Success.

As I said, their intent to reach Christmas lsland was clearand the Migration Act makes no distinction as to how someone arrives at an excised offshore place and thereby becomes an offshore entry person.

Are they all healthy?

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health issues are apparent at this stage. Health checks are being canied out Christmas lsland.
ry oFf e

group2 re ey

SiLa 2

"e"ationa
ldentity checks are still to be carried out. 83 claim to be Sri Lankan and 2 ciaim to be lndonesian.

all men? Any children?

84 are men and on Monday afternoon one was found to be a juvenile aged over 17 yearc.

. . r

Arrangemenls have been made to move him into alternative detention in the community, with another of the group as a companion. He is also under GSL supervision.
He will be able to visit with the group at the centre during the day.

ln line with Govemment policy, juveniles now do not spend any time inside immigration detention centres other than as voluntary visitors. This applies to all centres including Christmas lsland.

Where are they being accommodated on Christmas lsland?

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83 are in the Christmas lsland lmmigration Detention Centre and two (the juvenile and a companion from the group) are in alternative detention anangements.

Why was a juvenile kept in a detention centre at all? lsn't that a breach of the Pri me M inister's com mitment?

. o

No. The Government's policy is that children should only be detained in a centre as a last resort. He was accorhmodated in the centre only while his age was confirmed and essential health clearances were carried oul.

Will they have access to consular and legal support?

All immigration detainees have access to legal and consular assistance, where they request it.

ls it true that the 83

Si

Lankans have requested legal assistance?

o . e

All immigration detainees have access to legal and consular assistance, where they request it. For privacy reasons, l'm not discussing this in further detail.

Who else is detained on Christmas lsland?

As at 24 February, there are six others - two other men in the centre and a of four living in residence determination anangements in the community. happened with thelr vessel? vessel has been scuttled.

people smugglers be prosecufed as a resun of the boat arrival?

joint taskforce - comprising of DIAC, AFP and other agencies, has an operation in relation to this group, lt's inappropriate to discuss further while the operation is ongoing.

conlirm media reports that lndonesian pglice are about to arrest two smugglers associated with this boatload?

We do not discuss operational issues.

tsthisgroupofs3SriLankanspartofabroaderg-roupof200.ormoretryingto reach Ausialia? can you confirm media reports that more sri Lankan asylum seekers wilt attempt to get to Australia?
.Thereareoftenreportsofpeopleattemptingtomoveillegallyintheregion.

to The Australian Government has in place appropriate and effective measures

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protect our borders.

ls fhis the start of a new wave of boatpeople?

/
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As demonstrated by the Border Protection Command's detection and interception of this boat, Australia's border protection regime is working.

o o

We have in place appropriate and effective capabilities to manage our bo rders and p reserve Austra ia's sovereig nty.
I

The Australian Government remains committed to combatting the dangerous and insidious trade that is people smuggling.

When was the last unauthorised arrival? How many have there been in thepasf year?

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[n 2005-06, there were 50 mainland unauthorised arrivals and 6 offshore arrivals, making a total of 56 people who arrived unauthorised by boat.

Prior to this boat, in 2006-07 there have been three boats arrive in excised offshore places: B Burmese who arrived on Ashmore Reef in August. 2 Vietnamese and an lndonesian who anived on Ashmore Reef in October 40 PNG citizens who arrived on Saibai lsland in January and returned home voluntarily.

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C:eared by:

PSTF

6 March 2007

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