Australian government prevents Peter Tatchell from visiting his dying stepfather and attending his funeral.
Human rights campaigner Peter Tatchell has been prevented from entering Australia to attend his stepfather’s funeral.
For four weeks, the Australian government refused Mr Tatchell’s repeated requests for a visa on compassionate grounds, so that he could at the bedside of his dying stepfather, Mr Edwin Nitscke.
Following his stepfather’s death on 7 January 2002, the decision of the Immigration Minister Philip Ruddock to refuse Mr Tatchell a visa has prevented him from attending his stepfather’s funeral.
“Our family tragedy has been compounded by Philip Ruddock’s cruel and heartless decision to prevent me from visiting my dying stepfather and attending his funeral”, said Mr Tatchell.
“My mother, brother and sisters are deeply distressed that I am not allowed to be with them at this time of loss and grieving. To keep a family apart when a loved one is dying is callous enough, but to prevent a son from attending his stepfather’s funeral is vindictive beyond comprehension”.
“The Immigration Minister ignored my request for a visa on compassionate grounds for four weeks. Having waited until my stepfather is conveniently dead and cremated, Philip Ruddock is now off the hook. He is no longer under any legal obligation to grant me compassionate admission to Australia”.
“On 21 December 2001 I emailed a request for a visa on compassionate grounds to Helen Wilson, Head of the Visa Section of the Australian High Commission in London (a copy follows below). She emailed my request to Canberra the next day. My visa request contained details of my stepfather’s hospital ward and advised that his condition was life-threatening, which could have been easily confirmed by a simple phone call to the hospital. Philip Ruddock had all the information required to grant me a visa before Christmas”.
“I have this message for Philip Ruddock: How would you like it if you were refused the right to visit your dying father and to attend his funeral? You are a man without conscience or compassion”.
Since mid-December, 88-year old Edwin Nitscke, had been critically ill in Monash Medical Centre, Melbourne, following a stroke. It was always feared that he would not survive, and this fear was communicated to the Immigration Minister.
But Philip Ruddock refused to relent on compassionate grounds.
The visa denial follows Tatchell’s bid to use Australian law – the Crimes (Torture) Act 1988 – to have President Mugabe of Zimbabwe arrested by the police for the crime of torture when he attends the Commonwealth conference in Brisbane in March.
Eleven weeks after filing his appeal against visa refusal (on 31 October 2001), Mr Tatchell has had no reply from the Australian Immigration Minister (appeal rulings usually take less than two weeks).
“It is outrageous that a decision which normally takes no more than two weeks has been strung out for nearly three months. There is no legitimate, lawful justification for this excessive delay”, said Mr Tatchell.
“The Immigration Minister is obviously sitting on my appeal. My 26-page appeal dossier contains all the information that is needed to make a ruling in a couple of hours. There are no excuses for these outrageous delays”.
“This hold up is tantamount to a de facto visa refusal. I am being denied the right to visit my family, and to do my journalistic assignments”.
“The unreasonable delay in considering my appeal is an abuse of the legal process. There are no lawful grounds for denying me a visa”.
“It is monstrous that President Mugabe – a leader accused of gross human rights abuses – is being allowed into Australia to attend the Commonwealth summit, while someone like myself – a human rights defender – is being denied the right to return to the country of my birth to visit my family”, said Mr Tatchell.
COPY OF THE APPEAL ON COMPASSIONATE GROUNDS
Principal Migration Officer
Australian High Commission
The Strand
London WC2
Dear Helen Wilson,
Greetings!
APPEAL AGAINST VISA DENIAL
REQUEST FOR A VISA ON COMPASSIONATE GROUNDS
Under Part 2 of Direction 21 sub-section 2.17 (a) and (c)
Migration act 1958
My step-father’s name is Edwin Harold Nitscke. He is 88 years old.
He is currently (21 December 2001) in a critical condition in Ward 44 South at Monash Medical Centre, Melbourne, following a stroke that has left him partially paralysed. It is uncertain whether he will survive.
My step-father is at serious risk of death. To deny me the right to visit him is unbelievably cruel and inhuman.
His in-patient status and medical condition can be verified by phoning the Monash Medical Centre.
I trust this is adequate evidence for the exercising discretionary powers to grant me a visa on compassionate grounds at the earliest opportunity.
Please advise.
Yours sincerely,
Peter Tatchell, 21 December 2001
BACKGROUND BRIEFING
“I notified the Australian authorities of my visa request in August, and submitted my formal visa application on 12 September”, said Mr Tatchell.
“I was due to fly out to Brisbane on 26 September. The following day I was notified by the Australian government that my visa was being withheld, pending a formal decision to exclude me from Australia under Section 501 of the Migration Act 1958”.
“I submitted my appeal against visa refusal to the Australian High Commission in London on 31 October. It was sent to Canberra the next day. Despite several reminders, eleven weeks later I have heard nothing”.
“Even before my stepfather’s illness, I was due to come to Australia to visit my family in January, attend and speak at Melbourne’s Midsumma Festival in early February, and during the same two months tour the eastern states to write feature articles for the travel sections of the Guardian and Observer newspapers in the UK – on Hobart, Melbourne and Sydney.
“In March, I planned to come to Brisbane to report on CHOGM for the BBC, and
to lobby the Australian authorities to arrest President Mugabe on charges of torture under the Crimes (Torture) Act 1988”.
“I cannot now do any of these things because my appeal against visa refusal is being blocked by the Immigration Department”.
“These obstructions have already cost me £350 in cancelled air tickets, and threaten to deprive me of £3,000 of income that I would earn if I was able to enter Australia to fulfil my journalistic assignments”, said Mr Tatchell.