Democrats Immigration spokesperson Senator Andrew Bartlett said the release of the Senate committee report into the handling of the asylum request by Chinese consular official, Mr. Chen Yonglin, has revealed that culture problems evident in the Immigration department are also prevalent in the Department of Foreign Affairs.
Mr. Chen abandoned his post as First Secretary at the Sydney Chinese Consulate-General on May 26 and attempted to apply that same day for political asylum to the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) but he said government officials endangered his and his family’s safety by phoning the Chinese Consulate in order to confirm his identity.
“The initial blithe rejection of Mr. Chen’s request for political asylum, followed by the excessive pressure applied by Department of Foreign Affairs and Trade (DFAT) officials encouraging Mr. Chen to return to his post was totally inappropriate and put political priorities above the needs of a family making a genuine request for protection,” Senator Bartlett said.
The senate report criticises DIMIA and DFAT officials in focussing on the wider political implications of Mr. Chen’s actions while failing to give adequate consideration to his and his family’s personal situation.
Senator Bartlett said that evidence presented to the inquiry showed a clear failure by DIMIA and DFAT to act promptly and appropriately in this matter, even when the detail and seriousness of Mr. Chen’s request became clear.
“The evidence indicates that this case was overseen at very high levels in DIMIA and DFAT. For the matter to be so mismanaged demonstrates that cultural problems are endemic,” Senator Bartlett said.
The committee criticised Foreign Minister Alexander Downer’s meeting with Madam Fu, the Chinese Ambassador and their discussion about Mr. Chen. Senator Bob Brown Greens leader said this was a “breach of Australian law”. The senate report stated that in “the committee’s view, a discussion which disclosed any information about Mr. Chen, including his name or the fact that he was a Chinese consular official, would amount to an offence under the Migration Act. In the committee’s view, such a discussion would also be a breach of the Privacy Act and the Australian Government’s obligations under the Refugee Convention.”
Senator Bartlett said in addressing the problems revealed in the report, “Change will only come from the top down and the only way to alter the culture which has led to such inadequate and harmful responses by these Departments is a clear change in attitude and policy of the Government itself.”
The Senate committee also looked into the allegations regarding Chinese surveillance activities in Australia and noted that the government did not directly refute these allegations, which sometimes went beyond spying to involve harassment and intimidation of Australian citizens.
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