Glekichi

A Japanese friend of mine currently studying at an Adelaide university was falsely
arrested by immigration police last week. They accused him of over staying his visa (due
to an error in the process when he changed universities), but in fact he still has a valid
visa. He was kept in a cell for over 12 hours, and when they realized their mistake,
instead of apologizing tried to find things against him to justify the arrest. Calling the
university only produced near perfect attendance records, hence, finally he was released.
Unfortunately, they were a little pissed off, so they basically just kicked him out onto
the street even though he was only wearing pajamas even though they had arrested him at
home and driven him some distance to the immigration office.

He was also warned not to mention the occurance to anyone or his PR application would be
cancelled.

Is there anything that can be done?

George Lombard

Hi Glekichi,

Working in Australia we do come across this kind of problem frequently. I have heard it
said that there is a current zero tolerance campaign because the Department is terrified
of moving away from the mandatory detention policy. A shame we can't ask DIMA Brisbane to
confirm

If all your friend has is wounded pride, I would leave well enough alone. On the other
hand, there is a complaint mechanism and he could access that by writing to the Secretary
of the Department of Immigration, PO Box 25, Belconnen ACT 2616. Two comments:

Every police system has the power to arrest people, but where the arrest has been
inappropriate, the least they can do is see the arrested person safely home.

There is no power to cancel a visa if someone does not keep Immigration incompetence a
secret. If your friend is very sure that this threat was made he should contact the
Japanese Embassy and/or the Commonwealth Ombudsman.

Cheers

George Lombard www.austimmigration.com.au

Glekichi
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Glekichi

I am living in Japan at the moment so I havent spoken to my friend face to face, but it
seems the arrest itself was not the thing that shocked him, rather the way he was treated.

I checked again with him and it was actually 15hours he was held. He was refused the right
to call a lawyer, or even contact anyone at all. He was not given the chance to get
clothes, money etc. before being taken away, and when they finally sorted things out, he
was literally pushed into the elevator and told to go home. He happened to have 50c in
change in his pocket and luckily was able to get in contact with a friend to come and pick
him up. If not it would have been a very long walk home in his pajamas.

The officers warned him very clearly that if it went to court he would never have his PR
processed, and when he contacted a lawyer the next day he was warned of the same.

Do you think this is worth following up? Taking it any further seems to look like nothing
but more trouble.

I certainly hope nothing like this ever happens when I take my wife back to Australia.

Thanks for your advice

"George Lombard" <[email protected]>
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George Lombard

Hi Glekichi,

They most certainly cannot legally deny access to PR because an individual has made a
principled complaint about an issue involving human rights under the ICCPR. You might like
to suggest to your friend that he contact us.

Cheers

George Lombard

www.austimmigration.com.au

Glekichi
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Rob McCulloch

Congratulations George, With your position and background you could do a lot to prevent
this all too prevalent attitude from these people. They really do operate like this. And
their victims feel they have nothing to gain - and everything to lose by speaking out. Or
come from such oppressive backgrounds as to believe that we also have to suffer these high
handed tactics in this country. These people count on this.

Here's hoping that the Canberra types that squashed the earnest, sincere efforts of DIMA
Brisbane are equally vigilant now that their OWN personnel are really transgressing their
operating guidelines. Hands up anyone who thinks they will be ???????

George Lombard wrote:

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