Media Release
Wednesday 25 January 2006
Contact: Kaye Bernard 0400 119 109
Kids dumped under guard offshore: Giant leap backwards for Prime Minister
Refugee advocates say that the recent transfer to Christmas Island of a group of 43 West Papuan asylum seekers is a giant leap backwards for the Prime Minister.
Kaye Bernard, who worked for the release of the Vietnamese Refugee families with 16 children who were held on the Island for up to 2 years, said, "blindly ignoring individual circumstances and adhering to an arbitrary offshore policy is a weakness the Government must overcome" and added, "the latest fiasco with the West Papuans may be another breach of the changes to Australia's immigration detention policy negotiated by Petro Georgiou in June 2005".
"At the moment all the asylum seeker children are held under guard and isolated as a direct result of a sharp degree of inflexiblity by the Govenrment, reminiscent of the days before a 3 year old born in detention named Naomi Leong coupled with the Vivian Alvarez and Cornelia Rau tragedies that blew open the problems with the implementation of a bad set of Immigration laws." said Mrs Bernard
Along with the West Papuan children held under guard since their arrival on Christmas Island, 2 west Timorese asylum seeker infants aged 1 and 2 were taken back under guard yesterday as the Immigration Department grappled with the international reports of the possiblity of a leak of the identity of the West Papuans.
Mrs Bernard said "I do not understand how the Prime Minister can be so indecisive when in the middle of last year he granted newborn Michael Andrew Tran the right to stay on the mainland and now, in the case of the West Timorese and West Papuan children, he has backed them being banished to Christmas Island."
Mrs Bernard said "The only dumping that needs to be done by Australia is the Goverment's expensive offshore detention policy that only prolongs the processing of refugees and simply costs too much."
Media Release
Thursday 23 June 2005 7.15 am WST
Contact: Kaye Bernard 0400 119 109
Immigration Freedom Flight 'Half Full' Fiasco
The Immigration Department has chartered a jet to bring 20 Vietnamese Refugees who have been held in detention on Christmas Island since 2003, to Australia on a half full freedom flight. The jet will touch down in Perth at 5pm WST on Friday 24 June leaving behind 12 closely related fellow Vietnamese who are long term detainees, including 3 children.
Refugee Advocate Mrs Kaye Bernard said, "The Immigration Minister could intervene and direct her department to provide boarding passes for the remaining 12 who fit the Bill for the PM's new Immigration policy." she added," the jet has 71 seats and the fiasco of leaving behind these 12 close family members, needs to be addressed by the Minister today."
Ms Bernard said, "I fear for the mental health and wellbeing of the 12, particularly the 3 kids and the 2 young girls as they will be left in a remote camp while their mates jet to freedom," and added, "Kids have been on suicide watch up there before and this unecessary separation of close family members leaves people devastated and on red alert"
The ABC's investigative unit has obtained documents that reveal that a mental health worker at the Christmas Island detention centre off Western Australia was unregistered to practise as a psychologist at the time. Thirty-four-year-old Hoai Phu Nguyen is the detainee referred to in the document ABC investigative unit obtained.
Hoai Phu is amongst the 12 to remain on Christmas Island and his sister, Hoai Thu, the mother of baby born in detention is said to be devastated by the her brothers circumstances as she prepares to make a new life in Australia.
"I am calling on the Government to prevent further damage to these kids and apply some common sense and the powers already in place to use the charter flight to bring the 12 to the mainland with their families." said Mrs Bernard.
Media Release
Tuesday 7 June 2005
Contact: Kaye Bernard 0400 119 109
Detention Birthday Girl says Vanstone "don't worry about the Cake"; "please visit me"
Amanda Vanstones recent offer of a 'sorry cake' to Vietnamese asylum seeker, Ngoc Bich Nguyen, 18, who had her birthday cake refused entry by GSL officers at the gates of the remote detention camp on Christmas Island, has been declined and a request has been made, by the young women, for a visit by the Immigration Minister.
Giau wrote in her short letter to the Immigration Minsiter (copy available on request):
"please come to visit me don't worry about the cake"
Refugee Advocate said, Giau called me the other day really frightened after she had been called into the Immigration Offices in the detention camp and quizzed about what sort of cake she wanted and at the same time Giau was suffering from the news that her family were not part of the 25 people deemed refugees last week that came with her aboard the Hao Kiet in 2003."
"Giau is normally very talkative and articulate with a good command of english however when she called me she was clearly very distressed to know that her family are left behind in the detention camp to suffer the effects of what can only be described as a gas chamber with the flame on low." Mrs Bernard said. "I believe that it is critical for Minister to undertake some field work for her portfolio and in order for her to make informed decisions she really needs to get out from behind her desk and visit Christmas Island."
"The Minsiter has a duty to intervene in these matters since she and the head of her Department have 'fessed up' to a culture that has seen Giau and the remaining Vietnamese Asylum seekers not having their matters considered objectively," said Mrs Bernard
The Immigration Minister is yet to respond to Giau's request for a visit.
A spokesman for Senator Vanstone would not comment on the specific cases but said the remaining detainees on Christmas Island should make a fresh application for ministerial intervention if they wish to do so.
Media Release
Monday 30 May 2005
Contact: Kaye Bernard 0400 119 109 Trung Doan: 0400 466 848
Minister Should Give Birthday Girl Freedom and Protection not cake
The 18 year old Birthday girl Ngoc Giau Nguyen and her sister, Ngoc Bich Nguyen on Christmas Island are living on a knife's edge hoping that Australia will accept their family.
The "Sorry Cake" from the Immigration Minister to apologise for the birthday cake she missed out on because GSL refused to allow the cake to be given to her, has not yet arrived.
The Immigration Minister said, "A kid should have a birthday cake, even if someone has to stand and watch people eat it, to make sure there isn't a file in it."
Refugee Advocate Kaye Bernard commented on the Minister's intention to give Ms Giau a cake personally, "I fear that Giau can't eat the cake that the Minister promises to deliver to the remote offshore detention facility. The young woman has been held since 2003 in the Christmas Island detention facility, and is suffering emotional turmoil with the uncertainty of her families future.The teachers at the school are worried about how much weight the teenage girls are losing."
Mrs Bernard said, "Another young women aged 22, Ngoc Ung, has lost another 4kg and weghs 40 kg..she can't sleep for worrying about the future and has no appetite. In a clear demonstration of Department bungling this young women is now separated from her family she arrived with because they have been given visa's and are living in Melbourne. Ihis family group have been torn apart and Ngoc Ung stays awake at night and sleeps during the day as she is so scared."
The Prime Minister has publicly stated that a Vietnamese asylum seeker family can of course return to Vietnam at any time. However the National General Secretary of the Vietnamese Community in Australia has said in reply to the Prime Minister, "No, they cannot go back. They have been involved in an organised operation of dropping pro-democracy leaflets in Vietnam. This is considered by Hanoi's kangaroo courts a crime against the state, and subject to long imprisonment."
Mrs Bernard said that, "Mr Howard should be briefed on the serious issue of the trafficking of women and children in Vietnam with the involvement of the corrupt communist authorites there. The high likelihood of these young women being left destitute and abused with the long imprionment of parents is on the cards should they be returned by his Govenrment."
"It is not cake these young women need from the Australian Government, it is protection and freedom now" commented Mrs Bernard.
Contact:
Kaye Bernard 0400 119 109
Trung Doan: 0400 466 848
Media Release
Saturday 28 May 2005
Contact: Kaye Bernard tel 0400 119 109
Michael Row the Boat Ashore: Sailing Toward Decency in Australia
(Listen to midi)
Baby, Michael Andrew Tran, born in detention under guard in a Perth Hospital this week has become, according to leading political commentators, a new face along with Cornelia and Vivian, in the debate about the treatment of people under administrative detention in Australia emanating from the Governments policy of mandatory detention.
Australia's river of division has been made deeper and wide by the cunning use of emotive language by the Government. Will Michael help trim the sail, so this country can return to the shores of decency?
Those in detention with no crime, no conviction are just people swallowed by a system of legislative bureaucracy, that leaves them in 'black holes' known as detention facilities, but look more like prisons.
Michael's family were delivered by warship (HMAS Canberra) into a remote black 'processing' hole on Christmas Island after arriving in Australia aboard the Hao Kiet at Port Headland on 1 July 2003.
They had arrived with 51 others seeking asylum from the Vietnamese Communist authorities who systematically kill those who show dissent to the oppressive rule in that country. Michael's dad and mum support democracy and for that reason the parents and others had distributed leaflets calling for the better treatment of the people in Vietnam.
The Vietnamese criminal code has the death sentence, which provides a vehicle to stamp out for this sort of 'bad element' behaviour in questioning the Hanoi regime.
Before the Hao Kiet arrived, our country had emptied and closed the Christmas Island black hole by discarding a group of men women and children to a black hole in the bankrupt tiny tropical pacific island nation named Nauru.
I have visited Michael's family before in Australia's tropical offshore black processing hole and smelt the smoke of the burning rubbish that smoulders and wafts through the wire into the camp from the community rubbish tip adjacent.
A few weeks ago I visited Michael's Mum and Dad and Michael's frail 74-year-old grandmother, at one of Australia's rather small black holes in Perth, near the domestic airport. We sat in the yard surrounded by high brick walls and iced atop with circles of razor wire and spoke about the arrival of the baby boy.
Michael's Dad asked me to advise on 'good Australian name for baby'.
My husband and I in the past named one of our 4 daughters, Bonnie after a song my Dad used to sing to me. The name Bonnie is connected to my Scottish heritage that gives me my fair skin and so many freckles.
My Scottish Australian Grandad, 'Scotty Bell' at 19 years of age, arrived in Australia a long time ago without a visa by jumping onto a boat with a mate, 2 larrikins at sea. Grandad Bell had simply fled the wrath of the father of a 'bonnie wee lassie' from his county Fife, near Glasgow, whom family rumour suggests; he had been overly amorous in his advances with.
My Dad, a crooner, who had a way of soothing babies, used to sing me the song 'Michael Row the Boat Ashore'. With Michael's families perilous circumstances in arrival after 28 days at sea on the boat Hao Kiet, from Vietnam, I suggested that Michael would be a strong and lucky name for the soon to be born son.
Michael's family and I then went on to talk about visits the family have had from the Australian Democrats senator, Andrew Bartlett. He had visited them last year on Christmas Island and just a week or so before this day. The family were amazed that anyone on the outside of the wire would care for them after nearly two years.
Michael's Dad agreed that Andrew was a good man and wanted to include this man's goodness in his son's name.
So the name was set to be Michael Andrew Tran.
The baby naming day seems so long ago now after a week of amazing events linked to this tiny human that have occurred in the Parliament of Australia.
Little did I know then, that this boy child would cause such debate as he entered the world?
The simple matter of a photograph of this baby has caused waves of disunity in the Government and the Immigration department. Minister Vanstone calling the departmental policy of prohibition of detention parents taking pictures of children as "ridiculous" and "insane" with a momentary lifting of the ban. The Minister is sounding like a refugee advocate.
With the Immigration Minister's cries in Parliament, Michael's face was captured for Australia to see and the river of divide went chilly and cold as Australia faced the fact his mother was guarded while the doctors performed a caesarean delivery. How stupid we have allowed ourselves to become, hit home on the airwaves and on TV screens in the lounge rooms of average Australians with moving pictures of the most vulnerable.
Questions were asked about what would happen to Michael and his family. The Prime Minister said he did not have to go back to Christmas Island and I was glad Michael would not ever smell the acrid smoke of the burning rubbish in the remote black processing hole on Christmas Island.
News came through to me that the Immigration Minister was telling others a different story. What was happening in Canberra?
Now Prime Minister John Howard says "The family can of course go back to Vietnam at any time". Prime Minister Howard knows these pro democracy Vietnamese asylum seekers cannot go back to allow their children to be left uncared for and possibly trafficked, while the communist authorities apply the criminal code sentences to the parents.
John Howard must now realise Australia has set sail forward because there is milk and honey for Australia on the shores of decency. The PM has to learn not be scared of Petro's proposed Bills on this journey and do not allow himself to fear the tide of change happening in our Country.
Good judgement will decide that we will treat people humanely in this country and the restoration of the sovereignty of the borders of Australia's integrity will follow a chorus of 'hallelujah' with the closing of the 'black holes'.
MICHAEL ROW THE BOAT ASHORE
Michael row the boat ashore, Hallelu j a h,
Michael row the boat ashore, Halle l u j a h.
Sister help to trim the sail, hallel u j a h,
Sister help to trim the sail, hal l e l u j a h.
Jordan`s river is deep and wide, hallel u j a h,
Milk and honey on the other side, halle l u j a h.
Jordan`s river is chilly and cold, halle l u j a h
Chills the body but not the soul, hall e l u j a h.
Media Release
Friday 27 May 2005 7.45am
Contact: Kaye Bernard 0400 119 109 Alanna Sherry 0417 177 530
Vanstone's Detention Photograph Forward Roll turns into Back Flip by Immigration Department
In what could only be described as 'policy gymnastics' the Immigration Minister's recent authorisation for parents to take photographs of children in detention was yesterday revoked by the Immigration Department.
The Immigration Minister had said under question in the Parliament on Wednesday, relating to a baby, Michael Andrew Tran, born under guard in detention this week, "If there is any instruction that a couple couldn't take photographs of their newborn, that instruction will withdrawn...'
Senator Vanstone ordered her department to drop any ban on photo's saying it was ridiculous and insane.
Refugee Advocate Mrs Kaye Bernard said, "I was called yesterday, by senior GSL (Global Solutions Limited) management and told that, 'from now on only DIMIA officers with DIMIA photographic equipment will be allowed to take photo's of kids in detention'. I was shocked. The Officer told me that if there was a problem for the parents of Michael, 'call DIMIA in Canberra'."
"I have given Baby Michael's dad a camera and GSL are keeping it because DIMIA have instructed that despite what the Minister said in Parliament, only DIMIA will take photo's of their child from now on, " said Mrs Bernard.
Media Release
Thursday 26 May 2005 9.30am
Contact: Kaye Bernard 0400 119 109
Immigration Minister Vanstone Provides Little Mental Health Help for the Families in Chrismas Island Detention
PHOTO Attached: Vietnamese asylum seeker Kids in Christmas Island Detention (November 2004)
Vietnamese asylum seeker families from Christmas Island Detention camp, say there has not been a Psychologist visiting them for months. They say there is serious depression amongst everyone of the group, including the 8 children, who have been held on Christmas Island since July 2003.
Senator Vanstone said yesterday about Baxter, "there will also be better health services for detainees", and "a psychiatrist will now visit Baxter Immigration Detention Facility every two weeks or more frequently as required, obviously when they're called," she said. "That will begin by the May 28, compared to what was an arrangement of every six weeks in the past or as required."
Senator Andrew Bartlett will be asking the Immigration Minister today, in Committee Estimates questioning today, about Christmas Island Detention mental health service delivery shortcomings affecting the families there.
Refugee Advocate, Mrs Kaye Bernard visited Vietnamese Asylum Seekers Mrs Bich Le Nguyen and her 2 teenage children, daughter Truc Tran (17yrs) and son, Thai Tran (15yrs) at Perth Immigration Detention Centre this week and says "this family is clearly distressed and in need of help, "I sat with this women who was shaking, crying and pleading for her family to be able to stay in Perth on the mainland and receive adequate care." Mrs Bernard added, "I am aware that this family is deteriorating and have asked to stay in Perth and this has been rejected by DIMIA. I ask the Department to heed the Ministers 'new sensitive approach' and reassess the families request for the sake of the immediate and long term health of this family."
The families father, Mr Tol Van Tran has been held separate to the wife and children in Perth since August 2003. A previous conviction under the Migration Act in relation to the arrival of the boat Hao Kiet was quashed in the Perth Supreme Court and the father awaits a District Court retrial in October this year.
The family is suffering emotionally because the Immigration Department doesn't believe that the children should be able to have regular reasonable access to visit their father.
Mrs Bernard said that Dr David Fletcher (Fremantle Hospital Western Australia) had visited Christmas Island detention centre with her in November last year and was moved to tears by what he saw there when he met the Vietnamese families. (See Professor Fletcher letter to Immigration Minister attached below)
In a response to questions asked of DIMIA by the Ministers, Immigration Detention Advisory Group about 'mental health' issues of the Christmas island detainees DIMIA said;
Neither the department nor the DSP have records of complaints about the status of the mental health of the children in Christmas Island IRPC. If a detainee appears to present a danger or concern to themselves or others the DSP places them on systematic observation to ensure that their safety and wellbeing is maintained. This process is carried out in conjunction with support mechanisms such as psychological counselling and access to medical services. There are detailed operational procedures for managing detainees perceived to be at risk of suicide or self-harm. The approach taken by the DSP is holistic and proactive. When there is an immediate and significant risk of suicide or self-harm, an observation plan may be implemented. Observation via CCTV may be used to supplement but does not replace direct observation. Only those on constant and intensive observation have their movements restricted: those on 30-minute, 60-minute, or random observation may not require this restriction. Every effort is made to ensure that the observations are as non-intrusive as possible.
Mrs Bernard said that Mrs Nguyen's Family had in the past been put on 24 hour watch by DIMIA with the children woken on the hour every hour. This is an indication that DIMIA is aware of the families problems however no adequate service delivery is available for the families in the remote detention camp. It is my opinion that the expensive Christmas Island camp could be closed and the Prime Ministers suggestion of yesterday in Federal Parliament of 'mainland community accommodation' on visas is essential while there immigration matters are finalised for these families. This would be a 'win win' outcome for Australia and the asylum seeker families.
Mrs Bernard will be visiting with the Nguyen family at Perth Airport Detention Facility (Baker Road) near domestic terminal at 2.30pm today.
Media RELEASE
25 March 2005
New Baby Born In Detention: Will Minister Vanstone keep this baby in detention or be more 'flexible'?
While Naomi Leong drew her first breath of freedom, baby Michael Andrew Tran was born on Monday 23 May 2005 into immigration detention in Western Australia.
Michael was delivered by caesarean section at Perth's King Edward Women's Hospital with GSL [Global Solutions Ltd, the private correctional company that runs Australian detention centres] guards standing watch at the door as part of compliance with Australia's mandatory detention policy.
Newborn baby Michael's parents, father Minh Dat and mother Hoai Thu, have been in remote detention on Christmas Island since July 2003 after they fled Vietnam and arrived in Australia aboard the Hao Kiet.
Liberal MP Petro GEORGIOU has specifically cited the Hao Kiet people in his proposed private members Bill intended to change mandatory detention:
"It is fitting that we mark the achievements of the Vietnamese born and their children in Australia and the compassion of the Australian community in accepting them. But we now need to also reflect on the scores of asylum seekers who are still in long-term detention. Amongst them are 35 Vietnamese people, eight of whom are children, who are presently seeking asylum in this country. They came by boat, the Hao Kiet. They were intercepted by the Navy and taken to Christmas Island, where they have been in detention ever since that time in July 2003.
I do not know whether the Vietnamese detained on Christmas Island have a sound claim for refugee status-that needs to be determined by a fair process and on the evidence. But I do ask: do we need to keep these 35 women, children and men locked up for an extended period in a remote place while that occurs? There is a legitimate role for detention for specific purposes, such as to ascertain identity, to protect public health and safety and to prevent people from absconding."
The Immigrations Department has told Baby Michael's parents that they will be sent back to Christmas Island in a few weeks.
Western Australian refugee advocate Kaye Bernard says action needs to be taken for Baby Michael and all the Christmas Island kids so that they do not have to endure years behind the wire and end up banging heads against walls like Naomi Leong.
There are 8 children detained on Christmas Island and a further 60 in Australia's other detention centres. Advocates are demanding their immediate release, with their parents, on permanent visas.
MEDIA CONTACT
Mrs Kaye Bernard 0400 119 109
Trung Doan - General Secretary Vietnamese Community in Australia 0400 466 848