Law firm Mallesons Stephen Jacques has taken legal action against the Howard government to force it to make an immediate decision on the application for refugee status of David Wainggai, the only one of the 43 West Papuan asylum seekers who arrived on Cape York in January to have not been granted a protection visa. Wainggai, the son of a founder of the West Papuan independence movement, remains in detention on Christmas Island.

The application accuses immigration minister Amanda Vanstone of failing to perform her duty under the Migration Act by refusing or failing to make a decision on Wainggai's claim, which was lodged on January 31. The application alleges that the department employee assigned to make a decision received an unlawful direction to either stop processing the claim or refrain from making a decision.

The application also asserts that the direction was aimed at repairing Australia's diplomatic ties with Indonesia and deterring other West Papuans from trying to enter Australia's migration zone and applying for refugee status. West Papua solidarity organisations have welcomed the legal action.

Lisa Macdonald

From Green Left Weekly, May 3, 2006.
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