UPDATE (AUSTRALIA): No response from Minister on asylum case
March 20, 2002
UPDATE ON URGENT APPEAL UPDATE ON URGENT
APPEAL UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
20 March 2002
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UP-19-2002 (RE: UA-09-2002: 'Last resort' for asylum seeker, Stephen
Khan)
UPDATE (AUSTRALIA): No response from Minister on asylum case
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Dear Friends,
On 26 February 2002, AHRC issued an urgent appeal drawing attention to
the case of Stephen Khan, a Kashmiri asylum seeker who has been in
detention in Australia since 1998. At the time the Asian Legal Resource
Centre (ALRC) also wrote directly to the Minister of Immigration and
Multicultural Affairs, Philip Ruddock (in whose hands solely Mr. Khan's
case now rests) requesting that Mr Khan be granted a visa without
further delay. Regrettably, the Minister has to date not sent a reply.
Yesterday, 19 March 2002, ALRC has sent a second letter to the Minister,
and additionally a first letter regarding the case to Professor Ruud
Lubbers, the UN High Commissioner for Refugees. Additionally, ALRC has
prepared a statement on Mr. Khan's case that will be presented to the UN
Commission for Human Rights annual hearings in Geneva this April.
Interested persons may also find ALRC's written submission to the
Commission on Australia's refugee policy online at either of the
following places:
a) ALRC website -- http://www.alrc.net/mainfile.php/58written/60/
b) UNHCHR website (original document)
-http://www.unhchr.ch/Huridocda/Huridoca.nsf/(Symbol)/E.CN.4.2002.NGO.70.En?Opendocument
In the interest of transparency and for the benefit of our readers, we
now publish a copy of the original letter sent to the Minister of
Immigration. We again urge our readers to write letters on Mr. Khan's
case directly to the Minister.
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PREVIOUS LETTER ON MR. KHAN’S CASE
25 February 2002
The Hon Philip Ruddock, MP
Minister for Immigration and Multicultural Affairs
Suite MF 40, Parliament House
Canberra ACT 2600
AUSTRALIA
FAX: +61 2 6273 4144
Dear Honourable Minister,
RE: Case of Mr. Stephen Khan
The case of Mr. Stephen Khan, a Kashmiri national, has been brought to
our attention by persons in Australia concerned for his protection and
safety.
As you are aware, your Department has detained Mr. Khan since 9
September 1998. His case has been in your hands personally since he
failed to appeal to the Federal Court within 28 days of the Refugee
Review Tribunal's adverse decision on 11 January 1999, for want of
advice to that effect.
Mr. Khan's lawyer has observed that since the Tribunal's decision you
have been provided with ample evidence to indicate that if repatriated
to India, Mr. Khan is likely to be detained without charge and tortured.
As an organization focused on human rights in Asia we are regularly
informed of the appalling conditions in Kashmir. We are also deeply
engaged in work on legal reforms throughout India, and are well aware of
the extent to which the police and security forces there are capable of
operating with impunity across the entire country.
Having reviewed all the available evidence on Mr. Khan's case and in
light of our own enquiries we are inclined to agree with his lawyer's
assessment. We are particularly concerned that any attempt to remove Mr.
Khan to India would constitute an act of 'refoulement' in violation of
article 33(1) of the 1951 Convention relating to the Status of Refugees
and article 3(1) of the 1987 Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment.
We urge you to extend a protection visa to Mr. Khan under section 417 of
the Migration Act at once. Please be aware that we are prepared to
raise Mr. Khan's case at the UN Commission for Human Rights annual
hearings in Geneva this April. May we also take this opportunity to
inform you that we have already expressed our concerns regarding
Australia's policies on mandatory detention and asylum to the Commission
(Written submission E/CN.4/2002/NGO/70).

