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The rights of immigration detainees/refugees have been reduced to a level beneath those of even our most depraved and reviled citizens.

It defies logic (and human decency) as our laws are based on punishment being proportionate to the offence, yet refugees (even children)…

 

 

…have been imprisoned longer than those convicted of the most heinous crimes, for merely being refugees.

These people have not broken any laws, by seeking refuge in Australia.

Another group of people suffering similar disproportionate treatment for their actions are whistleblowers.

Nauroze is both an immigration detainee and whistle-blower.

 

Immigration detainee Nauroze Anees – Intelligent, articulate and persecuted for political gain

 

Nauroze and his partner who he hasn’t seen in 4 years

 

Messaging with Nauroze – Slightly edited (May 8th, 2020)

 

I sent Nauroze a message asking for clarification as to why he was still in detention after the Full Federal Court decision that declared his detention to be arbitrary.

 

Mick  – Nauroze. Not a lawyer, but Habeas corpus?

“…a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.”

Dunno if it applies to your situation.

 

Nauroze – Thanks a heap for your message Mick.

Habeas Corpus will work in all major democracies in the world, except Australia.

A precedent was set in 2001 in the ‘Al-Katab v Godwin’ Case, where the High Court judges were split, and that Justice Kenneth Madison Hayne, was the deciding vote, which pretty much gave the green light for to the Australian Govt to keep all & any non citizens to be held in so called “Administrative Detention” for as long as they want.

Now of course this can be revisited, by a fresh Habeas Corpus application in the High Court

But if you lose, you end up with hundreds of thousands of debt to the Commonwealth.

But that’s not to say I wont go there.

I have won my Appeal in the Full Federal Court of Australia by a Unanimous Judgement – & then there is the Report of the Australian Human Rights Commission declaring my detention to be Arbitrary and calling for my release

 

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Nauroze – So at the moment, Minister Tudge’s Team in Canberra has my case, and he has to use his s195a Power to Release me from detention, he hasn’t said no, but he needs to sign those papers

If I have the resources to go to an International Court, it will be the @CIJ_ICJ

But you need a lot of Resources & money to go to an International Court – Hard but not impossible

See if I was held in Criminal Custody, after winning in a Full Federal Court Appeal, I would have been released the same day

But being in Arbitrary Detention without Charge, in immigration detention, I have next to no rights, even after winning in court, it all comes down to The Department & it’s Minister

 

-Insert-

 
 
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Nauroze – The other issue is Australia does not have a charter of Rights, and George Brandis has previously used that in High Court to argue that the constitutional Human Rights do not extend to “Aliens” & “non citizens” And our Commonwealth Australian Human Rights Commission, which Declared my detention to be Arbitrary & illegal, does not have any compelling Powers.

 

Racialising migration policies

“From 2001 Howard used the so-called “war on terror” to heighten racial tensions for political gain more explicitly. His government broke from previously bipartisan migration policies to harness migration to national security concerns well beyond what was necessary to actually address those concerns.

Tampa and the “children overboard” scandal were prominent examples. Recent manifestations include the whipping up of unfounded fears about ethnic gang violence in Melbourne and flagrant accusations about the likely consequences of the “Medevac” bill passed by parliament against the government’s will in February 2019.

Australian politics has been hostage for a generation to the divisive, racialised politics practised by Howard and his Liberal and National Party (LNP) successors, wedging Labor, which struggled to refocus the agenda beyond it.” From – After years of vicious culture wars, hope may yet triumph over hate in Australian politics

 

The above extract is from a piece before the 2019 Federal election, when there was still hope that Australia would reject the cruelty and corruption of the LNP.

After the election we learned about the election grants corruption.

Despite this criminal abuse of our democracy, the Murdoch press, Clive Palmer’s interference and targetted social media campaigns were still necessary to give the LNP a paltry 1 seat victory.

Since their win against democratic electoral process the LNP have redoubled their efforts to turn Australia into a kleptocracy run by Fossil Fuel cartels and foreign interests.

 

The continuing abuse of human rights in immigration detention and the persecution of whistle-blowers goes hand in hand with these plans.

A populist agenda that demonises the other in the name of a twisted nationalism to further corporate aims has dangerous historical precedents.

 

Dutton’s cruelty knows no bounds

 

Empowered by an undemocratic lack of accountability

 

Peter Dutton the ex-Queensland police officer who is now head of Home Affairs, has little respect for the Law or the idea of personal responsibility…

…are just some of the reasons Dutton should have been removed for incompetence and dishonesty.

With a corrupt government in control, even the many deaths caused by this despot’s bungling and racism are not enough to remove this would-be Prime Minister.

Safeguards such as a vocal opposition (Labor have yet to call for Dutton’s dismissal) and an independent main stream media are non-existent in Australia and our regulatory bodies are peopled by LNP appointed sympathisers.

Even the ABC board has been stacked with mining and big business friendly LNP puppets, led by the Morrison selected Ita Buttrose.

 

 

Dutton’s use of tax-payer money is reminiscent of a tin-pot dictator and once again, oversight and accountability are MIA.

 

Brisbane construction firm Canstruct made $43m profit running Nauru detention centre last year (Source)

 

This is the unfortunate reality Nauroze is facing in Australia. A government that sees their cruelty to him and other immigration detainees as necessary in their ideological fight to continue their exploitation and abuse of the wider population.

 

 

Related

New laws threaten detainees’ rights

 

Recorded Evidence of Racism of NSW Police – by Nauroze

#DuttonIsAMonster

 

Nauroze on Patreon

The curious case of a Pakistani detainee in Australia

 

The Department of Home Affairs has recommended that the Minister release him on a visa;
the Minister continues to detain Mr Anees arbitrarily, in violation of Mr Anees’s human rights.

Petition to Free Nauroze