BY KAMALA EMANUEL
LAUNCESTON — The refugees' rights movement has witnessed a painful partial victory. On January 14, Fatima Sarwari and her children — seven-year-old Asima, five-year-old Zahoor and the Australian-born twins, almost two years' old, Abbas and Hussain — were released from the Baxter detention centre in South Australia. Sarwari's husband Moheb remains imprisoned in Baxter.
All are still threatened with deportation, as their temporary protection visa was cancelled in December. The family members who were released are on a bridging visa, awaiting the outcome of their appeal against the cancellation of their temporary protestion visa.
The Sarwaris are Hazara refugees: members of a persecuted minority group in Afghanistan. After arriving in Australia in 2001, they were detained at Sydney's Villawood detention centre and then granted temporary protection visas. They have lived in Launceston since April last year. Before December 6, Moheb had a job, Fatima was studying at TAFE and the children were in school and childcare. Then, they were snatched away from home, childcare and work by federal police and immigration officials and taken to Baxter.
At first it was impossible for friends even to find out where they were being held and why they had been removed. The immigration department originally refused to confirm that the family was at Baxter. A phone caller to Premier Jim Bacon's office was told it was probably too late to do anything, that the family had probably already been deported.
It was the night of December 7 before family friend and advocate Suzy Archer could speak to Moheb, and at that stage, all he knew was that they had been taken into custody because the immigration department said the family had failed to notify the department of their change of address.
Immigration minister Philip Ruddock and other immigration department spokespeople have given various explanations, and accusations, to explain the family's re-detention. The family's temporary protection visa was cancelled because it was alleged it had been obtained fraudulently. The family, it was claimed, is from Pakistan not Afghanistan.
According to press reports, the immigration department claims that Moheb is the brother of high-profile refugee Ali Baktiyari. The department, however, has not asked Moheb about the relationship, which Moheb denies. Baktiyari had his visa revoked following a daring, and, for the government, highly embarrassing, attempt by his two sons to claim asylum at a British consulate in July. The revocation was justified by the claim that Baktiyari had lied about being a Hazara Afghan, and was actually Pakistani.
On January 2, the immigration department rejected the Sarwari's appeal for a bridging visa, which would enable them to live in the community while an appeal against their deportation is heard. The department claimed that the community might hide them. This decision was overturned by the Migration Review Tribunal, which granted bridging visas to Fatima and the children, but not to Moheb.
A January 18 refugees' rights public meeting in Launceston heard that the family's lawyer Marion Le had not been able to obtain the documents outlining the reasons Moheb remains in detention.
Immigration officials quoted in the Launceston Examiner claimed the decision to keep Moheb in custody was made on the basis of "the seriousness of findings in relation to his credibility" and the "peripheral" issue of his "failure" to notify the department of his change of address. Archer said that she had notified the immigration department by phone of the change of address and had been advised it would not be necessary for it to be put into writing.
Since the news of the family's removal from Launceston became public, there has been widespread support for their return. Campaign events such as public meetings and a series of "honk for Sarwari family freedom" actions have received support from the community and local media. Requests by Le for letters supporting the family have solicited an overwhelming response. A constant stream of letters to the editor, most supportive of returning the family to the community, has been printed in the Examiner, which also editorialised against the family's removal.
On the bridging visa, Fatima is no longer permitted to work, study or receive any government benefits, so an appeal has been launched for monetary support or in-kind assistance. Donations of money can be made by phoning City Mission on (03) 6331 6999 or in-kind support through Anglicare, ph (03) 6334 6060.
Tasmanians for Refugees Launceston have developed an information kit and are holding stalls to build community support. They will be campaigning for the release of Moheb from Baxter and the overturning of the decision to withdraw the family's temporary protection visa. There will be a campaign meeting on January 25 at 2pm at Princes Square in Launceston.
From Green Left Weekly, January 22, 2003.
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