Cath Hart – The only West Papuan refused protection in Australia among a group of 43 asylum-seekers could have the decision overturned when his visa to Japan expires in September. The man – believed to be David Wainggai, 29, the son of prominent West Papuan independence campaigners – was refused protection by the Immigration Department two weeks ago because he had a temporary visa for Japan, and had not sought asylum there.
Immigration Minister Amanda Vanstone said at the time that Canberra was not obliged to assess his claim for protection because Mr Wainggai had not exhausted all other avenues for asylum.
Mr Wainggai lodged an appeal against the decision with the Refugee Review Tribunal last week.
A further appeal against the tribunal's ruling could be made to the Federal Magistrates Court, which could see the final arbitration on the decision delayed until at least the end of the year.
Mr Wainggai's lawyer, David Manne, from the Refugee and Immigration Legal Centre, said the temporary visa held by his client would expire in September, well before all the Australian legal options had been exhausted.
"It's highly possible the tribunal would not have made a decision by that point," Mr Manne told The Australian yesterday.
Under concessions gained by Liberal backbencher Petro Georgiou last year, the Refugee Review Tribunal must process appeals within 90 days of receiving departmental documents.
Mr Wainggai would have 28 days to appeal the tribunal's decision to the Federal Magistrates Court, which could then take up to six months to hear the case.
Mr Manne said the expiration of Mr Wainggai's visa would have a significant effect on future decisions about the case.
"It would evaporate the Government's already baseless argument that he would be allowed into Japan," Mr Manne said. "The Government's denial of protection would have gone from baseless to bizarre."
Mr Wainggai, who has no passport, was in a group of 43 West Papuans who arrived on Cape York in January after fleeing from the Indonesian-controlled province.
The other members of the group were granted protection visas, but the decision sparked anger in Jakarta, which withdrew its ambassador from Canberra in protest.
In a move seen as an effort to appease Indonesia, the Howard Government proposed a new immigration regime, which has yet to be voted on and is likely to cause tension between hardline and moderate Coalition MPs.
The most contentious element of the proposal – the decision to redraw Australia's migration zone to exclude the mainland – would see all refugees, including children, processed in off-shore immigration detention centres such as Nauru.