St Aidan's Sermon 30/08/09

Ibrahim was a moderate Palestinian Muslim, who feared for the life of his wife and five children. He arrived in Australia in 2001 to seek asylum and to bring his family over. He was immediately incarcerated for the next three and a half years, first in Woomera and then in Baxter as a stateless unauthorised entry into Australia.

The government and sections of the press referred to those arriving without documentation as “illegal” which is inaccurate and demonises the majority whose claims for refugee status were subsequently accepted by the Immigration Department. “Unauthorised” yes, “illegal” no, as stated in the UN Convention on Refugees.

The High Court, in response to a case brought against the Government for indefinite detention without charge, ruled in favour of the lead claimant under the ancient but still valid Habeas corpus right. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action. Ibrahim along with four others was released immediately but reluctantly by the Government.

The Government was determined to make matters difficult for Ibrahim and his friends. They were released with a small card … but without funds, compelled to report to an Immigration office twice a week in person and phone in on the other three working days, were not permitted to work, refused access to Medicare and Centrelink. They were de facto Humani nullius - non persons, with no rights, no nothing.

Ibrahim made his way to Sydney where a group of community based NGOs worked together to provide housing, a limited living allowance, advocacy and support for him and others in the same situation. For the next three years Ibrahim lived this life of nothing. His mental state deteriorated even more, his anguish for his family increased daily, his isolation total, his sense of self worth rock bottom.

Zachary Steel a senior lecturer in psychiatry at the University of NSW speaking about the impact of detention on the mental health of the detainees said: “People are fairly resilient, but those who spent more than six months in detention, that was the threshold, then they crumbled and three years later they were still disturbed, with no major improvement.” The trauma (PTS) … was more severe and longer lasting than the trauma that caused them to flee their homeland.

Finally, in January 2007 nearly seven years after arriving in Australia the former Minister for Immigration Amanda Vanstone in one of her last acts before moving on agreed to consider granting Ibrahim a Humanitarian visa 202 upon certain conditions being fulfilled. One condition was Assurance of Support-AOS, a condition which is contrary to the regulations related to 202 visas but apparently not contrary to the unchallengable and total discretion of the minister.

The AOS requires the client to place a bond (in Ibrahim’s case $3,500.00), to assume a debt to the Commonwealth for time spent in detention (in Ibrahim’s case $68,000.00) and be prevented from accessing any Centrelink benefits for two years. He has complied with all these conditions.

There were two further conditions attached. Both normal conditions. He needed a Police clearance … He also needed a security clearance - some proof from the countries in which he had lived that he had not committed any crime. Big problems there. Gaza is in shutdown. Without the clearance the visa would not be granted. However in difficult or impossible cases the clearence can be waived.

The months passed, the waiting became intolerable, the despair profound, his mental health in tatters. Some well-intentioned but ill advised advice was given to Ibrahim to see if he could contact his wife and children in Gaza to obtain some proof that he had a clear record. This has resulted in apparent tragedy. The wife is not registered in Gaza so by going to some authority there, to request a clearance she put herself and family at risk. Very soon after she and her family disappeared. Ibrahim has not been able to contact them since and neighbours have not seen them.

Finally he received his Visa. … He now has the right to work but it will be extremely difficult for him to find. And what about his family? If they are still alive how will he be able to sponsor them?

(Fr Jim Carty, Humanus Nullius)