Muslim wrongfully deported by the Australian Immigration Department


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Just think if you are an Australian citizen and become ill this wonderful country will deport you even if the laws say you can't. You will see the report also concludes by saying ...

"The scandal-plagued department is also facing big compensation payouts over the wrongful detention of Australian resident Cornelia Rau and the unlawful removal to the Philippines of Australian citizen Vivian Alvarez Solon."

Just reporting the ongoing criminal department of immigration's record.

06-1136387625479.html

Exile ends for 'lost soul' Ali By Jewel Topsfield, Canberra January 7, 2006 Page 1 of 2

Desbreastute and homeless: Ali Tastan.

The Immigration Department has been forced into another humiliating backdown after wrongly deporting an Australian citizen with paranoid schizophrenia three years ago.

Ali Tastan had already been held in detention for three years.

Mr Tastan, who was sent back to Turkey, a country he left aged 12, is expected to be eligible for compensation totalling hundreds of thousands of dollars.

In a Federal Court hearing in Sydney yesterday, it emerged that Mr Tastan, 43, holds an "absorbed person's visa" because he lived here for so long.

He will be found and returned to Sydney, where his elderly parents live, next week.

Mr Tastan was deported on character grounds in January 2003 after spending three years in immigration detention at Long Bay jail and Villawood detention centre.

"Arrangements are being made to return Mr Tastan to Australia as soon as possible," a department spokesman said. "In the meantime we will be taking care of his accommodation and other needs in Turkey."

Mr Tastan is desbreastute and lives on the streets of Ankara.

His lawyer, Michaela Byers, yesterday said she had launched legal action seeking more than half a million dollars in compensation for wrongful detention and deportation.

She said immigrants such as Mr Tastan who entered Australia before April 2, 1984, and remained here until September 1, 1994, held an absorbed person's visa.

"The law states that if you become absorbed into the Australian community you cease to be an immigrant, so you are no longer a non-citizen," Ms Byers said.

"We have been vindicated . . . the department was forced to concede there was an error."

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Mr Tastan's parents, Ziya and Kibre Tastan, last month begged the Australian Government to allow their son to come home, fearing he would die in poverty.

Family friend Heidi Akinici said yesterday the couple, who speak little English, were overwhelmed by the news their son was coming home. "They are absolutely relieved. You should have seen this old man, the father, he was like a child," Ms Akinici said.

She said justice had finally been done. "Six years of his life have been wasted by the Immigration Department."

Mr Tastan was deported after serving seven years' jail for malicious wounding, arson, larceny and drug offences, despite an Administrative Appeals Tribunal ruling in 1999 that his deportation would place him in an extremely vulnerable position and was not justified.

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But the then Immigration Minister Philip Ruddock disagreed and used his ministerial powers to cancel Mr Tastan's permanent visa.

A spokesman for acting Immigration Minister John Cobb said yesterday that a Federal Court decision last year enbreastled some non-citizens who had lived for a long time in Australia to an absorbed person's visa, protecting them from deportation.

In July, the court ordered that convicted armed burglar Stefan Nystrom, who had lived all but four weeks of his life in Australia, be released from immigration detention.

The Government is appealing the decision in the High Court.

"Mr Tastan is also potent-ially subject to the Nystrom decision," Mr Cobb's spokesman said. "The Government has moved to return him to Australia while that issue is being resolved."

Melbourne man Robert Jovicic is also challenging his deportation to Serbia in 2004 on character grounds, having lived all but two years of his life here.

But the Immigration Department said yesterday it did not consider Mr Jovicic was enbreastled to an absorbed person's visa. "As the matter is still before the courts it is inappropriate to comment further at this time," the department's spokesman said.

The scandal-plagued department is also facing big compensation payouts over the wrongful detention of Australian resident Cornelia Rau and the unlawful removal to the Philippines of Australian citizen Vivian Alvarez Solon.

Opposition immigration spokesman Tony Burke said he was pleased the department had finally taken responsibility for Mr Tastan.

But the then Immigration Minister Philip Ruddock disagreed and used his ministerial powers to cancel Mr Tastan's permanent visa.

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A spokesman for acting Immigration Minister John Cobb said yesterday that a Federal Court decision last year enbreastled some non-citizens who had lived for a long time in Australia to an absorbed person's visa, protecting them from deportation.

In July, the court ordered that convicted armed burglar Stefan Nystrom, who had lived all but four weeks of his life in Australia, be released from immigration detention.

The Government is appealing the decision in the High Court.

"Mr Tastan is also potent-ially subject to the Nystrom decision," Mr Cobb's spokesman said. "The Government has moved to return him to Australia while that issue is being resolved."

Melbourne man Robert Jovicic is also challenging his deportation to Serbia in 2004 on character grounds, having lived all but two years of his life here.

But the Immigration Department said yesterday it did not consider Mr Jovicic was enbreastled to an absorbed person's visa. "As the matter is still before the courts it is inappropriate to comment further at this time," the department's spokesman said.

The scandal-plagued department is also facing big compensation payouts over the wrongful detention of Australian resident Cornelia Rau and the unlawful removal to the Philippines of Australian citizen Vivian Alvarez Solon.

Opposition immigration spokesman Tony Burke said he was pleased the department had finally taken responsibility for Mr Tastan.

But the then Immigration Minister Philip Ruddock disagreed and used his ministerial powers to cancel Mr Tastan's permanent visa.

A spokesman for acting Immigration Minister John Cobb said yesterday that a Federal Court decision last year enbreastled some non-citizens who had lived for a long time in Australia to an absorbed person's visa, protecting them from deportation.

In July, the court ordered that convicted armed burglar Stefan Nystrom, who had lived all but four weeks of his life in Australia, be released from immigration detention.

The Government is appealing the decision in the High Court.

"Mr Tastan is also potent-ially subject to the Nystrom decision," Mr Cobb's spokesman said. "The Government has moved to return him to Australia while that issue is being resolved."

Melbourne man Robert Jovicic is also challenging his deportation to Serbia in 2004 on character grounds, having lived all but two years of his life here.

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But the Immigration Department said yesterday it did not consider Mr Jovicic was enbreastled to an absorbed person's visa. "As the matter is still before the courts it is inappropriate to comment further at this time," the department's spokesman said.

The scandal-plagued department is also facing big compensation payouts over the wrongful detention of Australian resident Cornelia Rau and the unlawful removal to the Philippines of Australian citizen Vivian Alvarez Solon.

Opposition immigration spokesman Tony Burke said he was pleased the department had finally taken responsibility for Mr Tastan.

 



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