BY PAUL OBOOHOV
CANBERRA — Relatives of Shahraz Kayani, who died as a result of setting himself alight on the Parliament House forecourt on April 2, 2001, have been prevented from coming to Australia on the anniversary of his death. On May 27, immigration minister Philip Ruddock denied visa applications from Shahraz's 12-year-old daughter Asma and 86-year-old father Feroze. 91×ÔÅÄÂÛ̳ Weekly spoke to Shahraz's brother, Shazad, about the case.
Asma and Feroze had wanted to be with Shahraz's siblings Nazneen and Shazad, who are both Australian citizens working in Canberra, for the anniversary. Asma and Feroze have been to Australia before, Feroze more than once. They have never broken their visa conditions or had any other problems.
Pakistan-born Shahraz came to Australia on a visa in 1995. He successfully applied for asylum, and was accepted as a citizen in 1999 — Ruddock sent him a letter of congratulation at the time. In 1997, Shahraz applied to bring his wife and three children to Australia. The case was rejected by the immigration department, which did not even interview the family.
The family applied again in 1998, and was interviewed in Pakistan. The immigration department, however, demanded that they raise $480,000 to pay medical costs for Shahraz's daughter Annum, who has cerebral palsy. (Migrants are ineligible for government health and welfare benefits for two years after they arrive).
Annum's relatives in Australia explained to the immigration department that they were quite capable of looking after her without the money — they had no intention of "burdening the Australian taxpayer" with her health care. But the department rejected the case.
The family then went to the federal ombudsman, who initiated an inquiry into the immigration department's handling of the case. After asking many questions the immigration department never asked, the ombudsman got the immigration department to ask the family to lodge a third application to come to Australia, this time on humanitarian grounds.
The ombudsman was scathing in his appraisal of the immigration department's handling of the case, describing it as "affected by error and possibly by bias or prejudice".
Shahraz asked his then-local MP, Liberal Jackie Kelly, to argue his case to Ruddock, which she did. In September 2000, Ruddock wrote to Kelly saying that he would expedite the case and could wave the health-care conditions in order to accept Annum into Australia. But it was six months later that Shahraz got any progress on the case, and then the news wasn't good.
On March 29, 2001, Shahraz was told that the estimated health care costs for Annum had gone up — the family were now expected to raise $750,000. Ruddock refused to waive the health criteria or expedite the case.
Shahraz began to suffer from depression. Despite the doctors treating him advising the immigration department of his condition, no action was taken. Finally in frustration and despair, Shahraz burnt himself in protest at the government's treatment of his family.
"He stood in flames for 30 seconds", Shazad told GLW in an emotional and angry interview, "in hope that something would be done, that people would be able to come to Australia if they needed to, that they would not have to suffer as he and our family had suffered."
Shahraz was hospitalised for 55 days before he passed away. Following a public outcry, Asma was allowed to visit her sick father. As Shahraz's condition worsened, Shahzad requested that the immigration department allow the rest of the family, except Annum, to visit Australia in a last-ditch effort to improve Shahraz's health.
Ruddock did nothing to facilitate this — no-one from the immigration department even checked Shahraz's condition — which quickly deteriorated and Shahraz died.
"Ruddock is a very, very inhumane person", Shazad told GLW.
Shazad asked the immigration department not to inform the family in Pakistan of Shahraz's death, expecting that he could break the news to them gently when they arrived in Australia. However, the Australian High Commission in Islamabad delayed the family's visa applications for 10 days. When they were granted, instead of the normal three-month visas, they only received six-week ones (which they adhered to).
The federal ombudsman conducted another inquiry after Shahraz died into the government's handling of the Kayanis' visa applications. He found the immigration department denied the family natural justice through instituting delays and taking into account irrelevant factors. In a highly unusual move, after consulting Shazad, the ombudsman made his entire report on the investigation public. It can be accessed at < http://www.ombudsman.gov.au/publications_information/Special_RepoA href="mailto:rts/DIMA-KianeRept-aug01.html"><rts/DIMA-KianeRept-aug01.html>.
This year, the family applied again for three-month visitors' visas for the May 27 anniversary of Shahraz's death. Letters sent to Asma and Feroze from the Australian High Commission in Islamabad explained that their applications were rejected because Shahraz had attempted, while on a visa, to apply for permanent residency.
Asma's rejection letter also cited her "own history of applications for permanent visas" as a reason for the refusal. Feroze's visa was also rejected because he fits the immigration department's "profile" of a visa over-stayer, despite his personal history being nothing of the sort.
The letter said he did not provide evidence of "incentive to return to depart Australia [sic]" at the end of the visa. The letter said people fitting Feroze's profile "are required to provide a higher level of proof" that they are "genuine" in not "seek[ing] to remain, change their visa, work or overstay in Australia."
The immigration department is known for its pettiness, inhumanity and discriminatory practices when assessing visa applications, but the Kayani decision plumbs new depths.
The alleged "transgressions" of the deceased Shahraz (who the government agrees had valid reasons for wanting to stay in Australia) are now being used to punish his close relatives.
Ruddock also appears to be discriminating against Asma for having attempted to join her father through perfectly legal means. And what proof that he wants to return to Pakistan could Feroze provide?
Ominously, this case indicates that having family, even close relatives, in Australia appears not to count for anything to those who allocate visitors' visas. Despite the fact that three of Feroze's four children now live in Australia (Shazad has been a citizen for 20 years, Nazneen for 14), his application was rejected.
Although they have lodged applications to migrate to Australia, the members of the Kayani family still in Pakistan do not hold out much hope that the government will agree.
The Kayanis' experience shows that it is not just those who are locked in Ruddock's desert prisons who experience the inhuman cruelty of Australia's immigration regime. "If Australian citizens are treated like this", Shazad asked GLW, "what do you think is happening to the poor detainees in the desert? Nobody really knows.
"We cannot forget this tragedy. My brother sacrificed his life to draw attention to what is happening. I want as many people as possible to hear this story and to get involved to change things, to stop what the Australian government is doing to mine and many other families."
Shazad is flying to Pakistan to be with the rest of his family on the anniversary. A memorial service in Australia will be held on May 27 outside Parliament House, before moving to Shahraz's graveside.
From 91×ÔÅÄÂÛ̳ Weekly, May 29, 2002.
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