2.3
On 26 August 1998, the complainant applied for a protection visa. He was assisted by a
solicitor from the Legal Aid Commission of New South Wales. On 16 October 1998, his
application was rejected by DIMA. On 16 October 1998, he appealed to the Refugee Review
Tribunal. The appeal was rejected on 11 November 1998. He further appealed to the Federal
Court of Australia, which dismissed his appeal on 10 March 1999.
2.4
The complainant did not appeal the decision of the Federal Court of Australia to the Full
Federal Court because his representatives were of the view that, in light of the narrow grounds of
review available in the Federal Court, an appeal did not have any prospect of success and
therefore did not fall within the guidelines which determine whether legal aid can be granted. He
alleges that without legal aid it would have been likely that he would have been unrepresented in
his appeal.
2.5
The complainant sent three subsequent appeals to the Minister of Immigration and
Multicultural Affairs on 17 March 1999, 6 July 1999, and 26 August 1999. He requested the
Minister to exercise his discretion and allow him to stay in Australia on humanitarian grounds.
The Minister declined to exercise his discretion in an undated letter received by counsel on
22 July 1999, and a further letter dated 23 August 1999. The Minister’s decision was not subject
to appeal. On 29 October 1999, an immigration agent from the South Brisbane Immigration and
Community Legal Service appealed to the Minister asking to allow the complainant to remain in
Australia on humanitarian grounds; the director of Amnesty International Australia also
submitted a letter, requesting that the complainant would not be returned “in the foreseeable
future”.
2.6
The complainant and another two asylum-seekers thereupon started a hunger strike in
September 1999. On 8 October 1999, they were removed from Westbridge. They were denied
the opportunity to consult with their legal advisers and were not permitted to pack their own
belongings. On 16 October 1999, they submitted a complaint to the Minister for Immigration
and Multicultural Affairs.
2.7
The complainant alleges that he was not notified of the decision to remove him from
Australia. He was effectively removed to South Africa on 26 January 2000.
2.8
In an additional letter dated 12 April 2000, Ms. T. provides further information about her
brother. She states that her brother, after his expulsion from Australia, was held for one or two
days at an airport hotel in Johannesburg. He was then handed over to South African government
officials and was detained as an illegal arrival in the Lindela detention centre for more
than 30 days.
2.9
On or about 7 February 2000 he filed an asylum application and was granted a temporary
visa, which allowed him to be released from detention.
2.10 On or about 30 January 2000, the complainant was told to expect a visit from the
Algerian Ambassador to South Africa. The purpose of the visit was to provide documentation
for onwards travel to Algeria. The visit did not take place, after interventions from the
complainant’s lawyer.
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