Dear Friends,
On 26 February 2002, AHRC issued an urgent appeal drawing attention to the case of Stephen Khan, a Kashmiri asylum seeker who has been in detention in Australia since 1998. At the time the Asian Legal Resource Centre (ALRC) also wrote directly to the Minister of Immigration and Multicultural Affairs, Philip Ruddock (in whose hands solely Mr. Khan’s case now rests) requesting that Mr Khan be granted a visa without further delay. Regrettably, the Minister has to date not sent a reply.
Yesterday, 19 March 2002, ALRC has sent a second letter to the Minister, and additionally a first letter regarding the case to Professor Ruud Lubbers, the UN High Commissioner for Refugees. Additionally, ALRC has prepared a statement on Mr. Khan’s case that will be presented to the UN Commission for Human Rights annual hearings in Geneva this April. Interested persons may also find ALRC’s written submission to the Commission on Australia’s refugee policy online at either of the following places:
a) ALRC website — http://www.alrc.net/mainfile.php/58written/60/
b) UNHCHR website (original document) -http://www.unhchr.ch/Huridocda/Huridoca.nsf/(Symbol)/E.CN.4.2002.NGO.70.En?Opendocument
In the interest of transparency and for the benefit of our readers, we now publish a copy of the original letter sent to the Minister of Immigration. We again urge our readers to write letters on Mr. Khan’s case directly to the Minister.
—————————–
PREVIOUS LETTER ON MR. KHAN’S CASE
25 February 2002
The Hon Philip Ruddock, MP
Minister for Immigration and Multicultural Affairs
Suite MF 40, Parliament House
Canberra ACT 2600
AUSTRALIA
FAX: +61 2 6273 4144
Dear Honourable Minister,
RE: Case of Mr. Stephen Khan
The case of Mr. Stephen Khan, a Kashmiri national, has been brought to our attention by persons in Australia concerned for his protection and safety.
As you are aware, your Department has detained Mr. Khan since 9 September 1998. His case has been in your hands personally since he failed to appeal to the Federal Court within 28 days of the Refugee Review Tribunal’s adverse decision on 11 January 1999, for want of advice to that effect.
Mr. Khan’s lawyer has observed that since the Tribunal’s decision you have been provided with ample evidence to indicate that if repatriated to India, Mr. Khan is likely to be detained without charge and tortured. As an organization focused on human rights in Asia we are regularly informed of the appalling conditions in Kashmir. We are also deeply engaged in work on legal reforms throughout India, and are well aware of the extent to which the police and security forces there are capable of operating with impunity across the entire country.
Having reviewed all the available evidence on Mr. Khan’s case and in light of our own enquiries we are inclined to agree with his lawyer’s assessment. We are particularly concerned that any attempt to remove Mr. Khan to India would constitute an act of ‘refoulement’ in violation of article 33(1) of the 1951 Convention relating to the Status of Refugees and article 3(1) of the 1987 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
We urge you to extend a protection visa to Mr. Khan under section 417 of the Migration Act at once. Please be aware that we are prepared to raise Mr. Khan’s case at the UN Commission for Human Rights annual hearings in Geneva this April. May we also take this opportunity to inform you that we have already expressed our concerns regarding Australia’s policies on mandatory detention and asylum to the Commission (Written submission E/CN.4/2002/NGO/70).
