Michael Gordon – A Federal Government decision to deny a Papuan asylum seeker refugee status in Australia has been overturned by the independent Refugee Review Tribunal.
In a judgement that is likely to reignite tension with Indonesia, the tribunal ruled yesterday that David Wainggai, who has been detained on Christmas island since January, was owed protection by Australia under the terms of the refugee convention.
The judgement comes more than two months after the Immigration Department denied Mr Wainggai refuge status on the grounds that he had the right to live in Japan.
That decision came after lawyers acting for Mr Wainggai accused the Government of blocking a decision on his refugee status claim in order to "advance relations with Indonesia" and to deter other Papuans from seeking asylum. The Government rejected the allegation.
A relieved Mr Wainggai said through his lawyer, David Manne, last night that he was "incredibly happy that justice has finally been done".
Mr Manne said Mr Wainggai had found it increasingly difficult being held in immigration detention on Christmas island and was starting to relive the nightmares of his father, Thomas, who died in prison in Jakarta eight years after being arrested during a flag-raising ceremony in Papua. "The priority now is to get David a visa so that he can rejoin the other West Papuan refugees in Melbourne," Mr Manne said.
Mr Wainggai was among 43 Papuan asylum seekers who landed on Cape York on January 17. He other 42 asylum seekers were determined to be refugees and were granted temporary protection visas on March 23.
Indonesian protests over the granting of these visas prompted the Government to announce a tougher border protection policy under which all future unauthorised boat arrivals would be processed on Nauru.
The new policy, which is being opposed by several Government MPs as unnecessary and as lacking in compassion, is due to be debated when Federal Parliament resumes next week.
Immigration Minister Senator Amanda Vanstone last night distanced the Government from yesterday's decision, saying the tribunal was "a final independent merits review body and I am unable to direct members in their decision-making".
But while Senator Vanstone said decisions of the tribunal turned on "individual circumstances and claims in each case", the decision is likely to harden the resolve of MPs opposed to the new legislation.
Mr Manne said the written decision by the tribunal cited in great detail "a catalogue of systemic human rights abuses being perpetuated by Indonesia authorities against West Papuans".
This included a a report by the Yale Law School of April 2004 claiming the available evidence "strongly suggested the Indonesia military had engaged in widespread violence and extra-judicial killings and subjected Papuan men and women to acts of torture, rape and sexual violence".
According to Mr Manne, the report said human rights abuses had caused the displacement of many Papuans from their homes and in many cases constituted crimes against humanity under international law.