UPDATED Media Q&A

- Sri Lankan unauthorised arrivals,.t

rssue: 1 d&A to support media release on the transfer of the group of 85 people oh$oard HMAS Success to Christmas lsland.

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Talking points..

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The group of85 people intercepted by HMAS Success on 20 Februarywere transferred to Christmas lsland on 24 February. They are being temporarily accommodated on Christmas lsland while health checks and information gathering processes continue. The group are offshore entry people under the Migration Act and, in line with long-standing Government policy, will be nianaged off-shore and will not be brought to the mainland. The Australian Govemment is exploring a range of options for the handling of this group. Preliminary discussions have commenced with both lndonesia and Nauru. While the Govemment is considering options, clearly no action would be taken which would breach our intemational obligations.

Any suggestions that Australia would deny the opportunity for refugee claims to be processed in accordance with our international obligations or agree to an anangement which would see refugees returned to a country where they face persecution are wrong.

lf asked: But they have claimed asylum, How can you even be considering returning them to lndonesia?

o . .

Discussions with the lndonesian govemment so far have been preliminary. lndications are the group left from lndonesia to corne to Australia. There are long-standing arrangements in place with lndonesia under which relevant international oiganisaiions provide care and support for asylum seekers in lndonesia and the UNHCR is able to conduct refugee assessments there and refer those found to be refugees for resettlement in third countries. ln accordance with Australia's international obligations, the group would be sent back to lndonesia only if they can access these arrangements.

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It,s

been reported the lndonesians intend to send them back this a breach of Australia's international obligations?

to sri Lanka. lsn't

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Discussions with the Indonesian government so far have been preliminary.

while the Government is considering options, clearly no action would be taken which would breach our international obligations.

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Any suggestion that Australia would agree to an arrangement which would refugees returned to a country where they face persecution is wrong.

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Couldn't they be processed o n Christmas lsland?

The Australian Government continues to explore a range of options for the handling of this group.

The group are offshore entiy people underthe Migration Act and, in line with long-standing Government policy, will be managed off-shore and will not be brought to the mainland. While claims could be processed on Christmas lsland, the Government needs to send a strong message of deterrence to people smugglers.

group, and others, aren't going to be processed on Christmas lsland, why Government spending $400 million to build a new centre on the island?
The Christmas lsland lmmigration Detention Centre is a key part of measures to ensure the security of Australia's borders and the integrity of its migration and temporary entry programs. While the governments policies have been successful in stemming the flow of unauthorised boat arrivals, the Centre's capacity needs to be available. The Government needs to send a strong message of deterrence to people smugglers.

But aren't there lwo lndonesians on board? wouldn't returning them to lndonesia be refoulement?

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The two lndonesians on board were crew. They have been interviewed and have no protection claims. lnvestigations will be undertaken to determine if they have committed offences under Australian law. lf not, they will be returned under standard arangements.

What will happen to the Sri Lankans if they go back to lndonesia?

we are stilr in the preriminary stages of considering this option, so it would be

inappropriate to speculate.

We would ensure our international obligations are met. There are long-standing arangements in prace with rndonesia under which relevant iniernational-organisations provide care and support forciylum iu"t<ers in lndonesia and the UNHCR is abre to conduct refugee'assessr",it in"r" and refer those found to be refugees for resetilemeni in tniro couniriei. ln accordance with Australia's international obligations, the group would be sent back to lndonesia only if they can access these arrangements.

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s e4FP aware o
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oafroad oFS La rPs beFore re rrldO es a2

Australian government agencies, including the AFP work closely with their regional counterparts to combat people smuggling.
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We do not comment on specific AFP operational issues.

it

take so long for the government to mahe a statement on 19 February?

il the vesse, was

office of the Minister for lmmigration and Citizenship first responded to inquiries about the vessel at about 8:30pm on 20 February.
minister released a deta ed rnedia statement at 5pm on 22 February

it take so long for the group to be brought into Christmas lsland? Why ey fa n ere immedarery7
needed to gather more information about the group and consider a range of before a decision could be made.
all times, our highest priority was their health and wellbeing. They were well looked after while on board HMAS Success.

Why were the people kept waiting on the whart at Christmas lsland before they were moved to the detention centre?

Once they came off HMAS Success, customs and quarantine officials had to complete their standard entry checks.

Will they be taken to Nauru from Christmas lsland?

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We are exploring a range of options for the handling of this group. Preliminary discussions have commenced with Nauru. If it is decided they will be moved to Nauru, this would be done in accordance with the existing MOU we have with the Nauruan government.

Have they claimed asylum?

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We are still going through initial checks but we understand that some members of the group have indicated that they wish to seek asylum. As a matter of course, the government will ensure Australia's international
ob gations continue to be met.

s or Itr and frarrma S Crahed ey a "e" 1)

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For privacy reasons,vve do not discuss deta s of whatindividua:s may claim

Any specific clairns wi be assessed in accordance with Austrana's international

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obligations.

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ls it true that at least some of them have UNHCR documentation?

UNHCR documentation relating to two people was found on board the vessel and this is being examined further and has been shared with UNHCR.

But isn't there more than two of the group known to the IJNHCR in Jakarta?

Have sri Lankan officials been in contact with the Australian Government regarding this group?

people?

You say they are olfshore entry people but they didn,t even reach Australian waters, lf they didn't enter Australian territory, how can they be offshore entry

and the UNHCR are cross-checking whether individuals at Christmas were registered as asylum-seekers with UNHCR in lndonesia. That
ls ong lng

Australiab international obligations to refugees?

this context, Australia's principal obligation to refugees is not to retum rfoule) them, directly or indirectly, to a country where they face persecution.

to Sri Lanka?

Australia be assured that lndonesia would not return Sri Lankan

could be satisfied by specific assurances from the lndonesian (taking into account past practice of the lndonesian authorities in letting asylum seekers remain in lndonesia to have their asylum claims heard by UNHCR and, if found lo be refugees, to remain lhere until resetflement opportunities are found in third countries).

Are you in discussr'ons with the sri Lankan government about return options?
No.

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Yes, they have made inquiries about their nationals. We have not provided identifying information on the individuals.

Any individual in the group can have consular access, if they request it.

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This vessel was not engaged in any legitimate commercial activiiy when detected and intercepted by Border protection Command. Their intent to reach christmas lsland was made clear. They haQ no lawful basis to do this.
Under the Migration Act, there is no distinction made as to how someone arives at an excised offshore place, and thereby becomes an offshore entry person.
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 Their boat was unseavrorthy,whichiswhytheyweretransportedtoChristil::/`

lsland on board HMAS Success.
iSut hasn't the Government made them offshore entry people by picking them up at sea and taking them to Christmas lsland?

o .

Their boat was unseaworthy, and their lives were potentially in jeopardy. That is why they agreed to board HMAS Success.

As I said, their intent to reach Christmas Island was clear and the Migration Act makes no distinction as to how someone arrives at an excised offshore place thereby becomes an offshore entry person. all healthy?

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health issues are apparent at this stage; Health checks are being carried out Christmas lsland.
e ationarily of tte grotrp?
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re r ey a

S La kan?

checks are still to be canied out.

claim to be Sri Lankan and 2 claim to be lndonesian.

all men? Any children?

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84 are men and on Monday afternoon one was found to be a juvenile aged over 17 years. Arrangements have been made to move him into altemative detention in the community, with another of the group as a companion. He is also under GSL supervision.
He will be able to visit with the group at the centre during the day.

ln line with Government policy, juveniles now do not spend any time inside immigration detention centres otherthan as voluntary visitors. This applies to all centres including Christmas lsland.
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Where are they being accommodated on Christmas Island?

83 are in the Christmas lsland lmmigration Detention Centre and two (the juvenile and a companion from the group) are in altemative detention anangements.

Why was a juvenile kept in a detention centre at all? lsn't that a hreach of the P ri me Mi n iste/s comm itment?

No. The Government's policy is that children should only be detained in a centre as a last resort.

He was accommodated in the centre only wh e hls age was confirrned and 01/03/07 3 00PM

essential health clearances were canied out.

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Will they have access fo consular and legal support?

All immigration detainees have access to legal and consular assistance, where they request ii.

that the 83 Sri Lankans have requested legal assistance? All immigration detainees have access to legal and consular assistance, where they request it.
For privacy reasons, l'm not discussing this in further detail.
derahed O c shas rsrand?

As at24 February, there are six others - two other men in the centre and a family of four living in residence determination arrangements in the community.

happened with their vessel?

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The vessel has been scuttled.

Will any people smugglers be prosecuted as a resutt of the boat arrival?

The joint taskforce - comprising of DIAC, AFp and other agencies, has commenced an operation in relation to this group. lt's inappropriate to discuss this fufther while the operation is ongoing.

can you confirm media reports that lndonesian police are about to arrest fr o people smugglers associated with this boaiload?

We do not discuss operational issues.

ls this group of 83 sri Lankans part of a broader group of

200 or more trying to reach Australia? can you confirm media repotrts that more srl Lankan asytim seekers will attempt to get to Australia?

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There are often reports of people attempting to move ifiegally in the region. The Australian Government has in place appropriate and effective measures to protect our borders.

ls this the start of a new wave of boatpeople?

As demonstrated by the Border Protection Command,s deiection and interception of this boat, Australia's border protection regime is working.

We have in place appropriate and effective capabilities to manage our borders and preserve Australia's sovereignty.

o The Australian Govemment remains committed to combafting the 01t03t07 3.00PM

dangerous and insidious trade that is people smuggling.

"When was the last unauthorised arrival? How many have there been in the pasf

lear?

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arivals, making a totalof 56 people who arrived unauthorised by boat.

ln 2005-06, there were 50 mainland unauthorised anivals and 6 offshore

Prior to this boat, in 2006-07 there have been thrqe boats anive in excised offshore places: 8 Burmese who arrived on Ashmore Reef in August. 2 Vietnamese and an lndonesian who arrived on Ashmore Reef in October 40 PNG citizens who arrived on Saibai lsland in January and returned home voluntarily.

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Gleared by: PSTF 28 Februa

ry

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