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Franz Kafka's big day out at the Castle

Dear Migration Alliance Members and Colleagues in the Australian Immigration Profession,

I had a fun day yesterday and I thought I would tell you all about it.

Actually, I can’t tell you what I did yesterday.  If I do tell you I can face imprisonment for a long period of time.

Anyhow, the day started well enough with a warrant for my arrest and my appearance before a Judge of the Federal Court, but not exercising powers as a Judge of that same court.   Confused yet?  Read on....

I was then bailed, on my own recognisance, to attend a certain place at a certain time for the purposes of being asked secret questions.

So off I went.

I was shown into a room which looked like a Court but it wasn’t a Court.

I was warned about certain things, took an oath and then I was asked stupid questions by a “Counsel’ assisting Madam X. The role of “Counsel” was to ask me questions and for me to answer on my oath. I wasn’t allowed to refuse to answer questions.

I was warned that I had to be respectful of Counsel but there did not appear to be any legal requirement for me to behave that way as it was not a “Court” exercising judicial powers but looked like a Court and conducted itself like a Court. I was told that I had no choice about the proceedings being videotaped and recorded.

Madam X looked like a Magistrate or a Judge and held an appointment like a Judge but wasn’t a Judge.

Over the course of about 3 hours, I was asked on my oath, to  take a ramble through a system which is fully explained on a Government website.  Then I was asked to guess, speculate and opine about other matters for which there was no evidence, including what was described as “gossip” as opposed to "intelligence" (an oximoron).

The document (which I am not allowed to describe by its proper name), the terms of which I had refused to comply with and which led to my subsequent arrest was predicated on a false and fraudulent basis which did not relate to me specifically but may have related to a group of people generally (a group I am not allowed to identify).

As it turns out, without exception, the answer to every question could have been found out by any 12 year old by resort to publically available information on the internet.

After a couple of hours the proceedings stopped and I was given a cup of tea (medical strength) in a handsome mug emblazoned with the logo of this secret entity.  It set me to wondering, "did the makers of the mugs have to be compelled to keep their involvement secret or is it ok to make a mug with a logo on it"?

When I finished my cup I asked them, “ Is there any chance that I can get one of these as a souvenir from the gift shop on my way out”?

Counsel for Madam X look very irritated.

When the “proceedings” (generic not descriptive) recommenced I was asked more stupid questions and was accused of being “recklessly indifferent’ to conduct which was not a crime but might have been somewhat troublesome to people who do not represent applicants in unspecified legal proceedings (generic not descriptive).

Then the proceeding were concluded but not before I was given some homework.

I don’t think Counsel or Madam X will be on my Christmas card list this year.

So what did you do yesterday?

a1sx2_Original1_Arrest---waiting.jpg

Two Officers from the Australian Federal Police Waiting for me outside the Federal Court in Sydney yesterday

a1sx2_Original1_Arrest----waiting-2.jpg

 

A better picture of the two officers from the Federal Police waiting for me yesterday

a1sx2_Original1_Arrest-in-action.jpg

My arrest yesterday outside the Federal Court

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Comments

  • Alex Spatarel
    Alex Spatarel Tuesday, 26 November 2013

    Chris,

    The reason of your tribulations of yesterday is very obvious: you were not wearing a standard issue dark suit and black tie …..

  • Guest
    sorry, better to be unanymous when you citicize the big brother! I THINK YOU FORGOT THIS SIMPLE FACT Wednesday, 27 November 2013

    Sorry for having such a day!
    But maybe your gain from your day could be the followings which may help you not to undergo similar turbulence in the future!:
    Even in the best democracy money can buy, you have to be OBEDIENT, WHOLLY OBEDIENT AND NOTHING BUT OBEDIENT to those whom you elect to protect you!
    PS
    I hope the photos you have taken do not cause you further trouble!!

  • Guest
    David Coote Wednesday, 27 November 2013

    Dear Christopher
    To whom do we write to ask questions about this extremely irregular and unnecessary procedure?
    I would have thought that if there were a complaint against you in reference to these matters about which you are not allowed to speak that OMARA or the Law Society would have been the appropriate forum.
    I like to fly well under the bureaucratic radar, but on the face of it your Kafka reference is almost chilliingly appropriate.
    David Coote
    MARN#9577328

  • Guest
    Vicki Wednesday, 27 November 2013

    what the hell!

  • Guest
    Michael Wednesday, 27 November 2013

    Dear Chris

    I am very sorry to hear all troubles you gone trough yesterday. However I am sure you as very clever man will win and no one can blame you for that. Good luck

    best regards

    Michael

  • Guest
    Jason S Wednesday, 27 November 2013

    I cannot believe this is happening in modern day Australia. The Crime Commission should be ashamed of itself. Aren't they supposed to be about serious organised crime? I guess they think Christopher, head of all us migration agents, all 4000 of us members, is the head of some massive migration agent conspiracy to conceal facts, render false documents to the Department on purpose and rort the government immigration systems. Like arms dealers but we deal in immigration crimes right? WRONG! Serious organised crimes and Christopher do not go together. So, maybe they think he knows something about a serious organised crime. I mean, he is wandering around normally again now, isn't he? What exactly are these people looking for? And where is the Office of the MARA in all of this? Or maybe the Office of the MARA is using the Crimes Commission as their axe grinder. Is this our destiny? Are all our phones tapped now under secret warrants? What are they looking for?

  • Guest
    Crime Commission - to be loathed always Wednesday, 27 November 2013

    I have written to Tony Abbott today to demand he do something about the crime commission abuse of powers. Everyone else should start to do the same. Has anyone interviewed Eddy Kang? I guess he is still out there running amok.

  • Guest
    Complain to the PM about this asap Wednesday, 27 November 2013

    Complain to The Prime Minister here: http://www.pm.gov.au/contact-your-pm

  • Guest
    Louise Thursday, 28 November 2013

    Dear Chris

    It's a shame to know about your "BIG Day". You always help us in turns we can't do anything for you. I wish you all the best and good luck.

  • Guest
    W Maxwel Mervyn Perera , maxmervyn@yahoo.com Sunday, 01 December 2013

    Your time has come to be famous you are a lucky person to have faced such an incident and eventually win it with colors, you will certainly be on hot:D news, I wish you success for your lawyer career and I sense you have a political career very soon well done we as migration agents will always be backing you for whatever you need to achieve in life, always smart people turn bad days for good days.

    Reply Cancel
  • Guest
    Inemoa Pepper Friday, 06 December 2013

    This is reminiscent of nineteen eighty four!
    To surrender is to lose all hope.

  • Guest
    Paul O Saturday, 16 July 2016

    Are they truly an example of the security system in Australia? I hope not.

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