Andrew Hall
On September 9, Australia's longest-serving political prisoner, Peter (Muhammad) Qasim, had been held in immigration detention for six years.
An August 6 High Court decision means that Qasim is one of a the "stateless" asylum seekers the government can legally detain indefinitely. His only hope of getting out is if immigration minister Amanda Vanstone intervenes personally to grant him a visa, which does not seem likely.
Peter Qasim's story
Qasim was born on May 14, 1974, in Indian-occupied Kashmir, a region in which the United Nations has documented continuing and severe human rights abuses over many years. When still a young child, his father was murdered by the security forces because of his political activities, and his mother died soon afterwards. As a young man, his unarmed and peaceful opposition to the government's policies in the region led to him being detained and tortured by the security forces.
After a number of years in hiding and on the run, it became necessary for him to flee the country. He passed through Singapore and Papua New Guinea, but, unlike Australia, in these countries he had no legal right to remain and there was no way to have his claim for asylum heard.
Qasim came to Australia, and was put into detention on September 9, 1998. His immigration case officer who assessed his claim generally believed that he was an Indian citizen from Kashmir who he had been tortured. However, the immigration minister's representative assigned to his case did not believe that he faced a risk of ongoing persecution and on October 20, 1998, his application for a protection visa was refused.
Then, in January 1999, the sole Refugee Review Tribunal (RRT) member who heard Qasim's appeal decided that every detail was untrue. The immigration department then applied to the Indian High Commission in Canberra for travel documents for Qasim. It took nearly another five years, however, for the department to conduct the language analysis tests and interviews they needed to establish Qasim's Indian citizenship. Qasim was happy to provide information at any time, and does not understand the delay.
Since January 1999, Qasim has also pursued no further appeals, so he has been liable for removal from Australia. However, because he has no passport, birth certificate, or other official document from India, and because he was an orphan unable to afford any formal education, the Indian government has so far refused to accept the fact that he is a citizen of that country. And despite the fact that Indian authorities have said "it will take a while to hear from their end" about the test, the Australian government clings to the idea that he can be deported to India.
At the moment, Qasim cannot be released and cannot be deported. He is stuck in a jail, apparently for life, although he has committed no crime.
Everything possible
"Peter has done everything possible over the course of his detention", refugee advocate Greg Egan told 91×ÔÅÄÂÛ̳ Weekly. "He has no more power himself to be released, it is entirely left to the minister. He has made the decision to return to India rather than stay in detention in Australia after co-operating with authorities as much as anyone possibly could."
Because his prolonged detention has become unbearable, since 2003 Qasim has tried to make arrangements to return to India. He strongly believes that he would face the risk of arrest and torture if he returned to India, particularly Kashmir, but he would prefer that possibility to dying in detention in Australia.
Refusing to discuss the details of Qasim's case, Vanstone told the August 31 Age that asylum seekers in Qasim's situation had " most likely" failed to co-operate with authorities or to firmly establish their identity.
Egan told 91×ÔÅÄÂÛ̳ Weekly. "Qasim was given questionnaires to fill out, usually without assistance from interpreters. His story was also far too complicated for the bureaucratic language needed on the immigration department forms. There is nothing more that Peter can do for himself to assist in his release." He has also applied to almost 80 countries, asking if they will accept him, but he has received no positive replies.
Qasim believes he is stateless and may now be indefinitely detained by a government department with no sympathy for his situation. He remains keen to assist in his deportation, and says that he longs for freedom anywhere in the world.
On January 20 he wrote. "Living without the freedoms that ordinary people take for granted is very difficult. The conditions of detention involve small humiliations every day, and at times we are subject to great injustice, but the worst thing is having no certainty about when my imprisonment will end. Even a criminal knows the length of his sentence, but I have no such comfort."
Stateless refugees
The case of Peter Qasim highlights the horrors faced by Australia's 13 stateless refugees, who have been denied visas and face indefinite detention. They are currently in Baxter detention centre, in the middle of the desert.
In a September 9 media release Human Rights Advocate Marion Le said, "Many people flee their countries as refugees but are not processed until after war has ceased. The Australian Government may then decide that people can safely return to their home country. The country from which they have fled, however, often refuses to accept them, sometimes for humane reasons, for example, the perpetrators of human rights abuses may still be in the area and the State may acknowledge that they are unable to protect returnees who have suffered individual persecution. Children are often born in exile and are unable to access citizenship or nationality - they are doomed to be stateless."
When asked about what outcome they were hoping Egan told 91×ÔÅÄÂÛ̳ Weekly "they haven't given up hope of freeing Peter. Vanstone might still reconsider his case and sign his release." A strong campaign across the country will help.
Qasim told 91×ÔÅÄÂÛ̳ Weekly on September 7. "I am really grateful for all the support that people are showing. Thanks all for the efforts."
[To sign the petition to release Peter Qasim visit or .]
From 91×ÔÅÄÂÛ̳ Weekly, September 15, 2004.
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