Christopher Levingston Blog

The now failed proposal to permit the extradition of PRC nationals and others to the PRC is a step in the right direction.

The PRC is a totalitarian state who is in a relationship with a democracy ( Australia) that enjoys the rule of law.

This is in contrast to the position of the citizens of the PRC who do not enjoy the fundamental rights and protections available to Australian citizens.

The relationship between Australian law enforcement and the PRC authorities is worrying and the relationship between Border Force and the PRC government and in particular the Ministry of Public Security is problematic.

The decision of the then Department of Immigration and Citizenship  (now Border Force) to recruit what are called locally engaged staff (LES) as "integrity officers" and to specifically require that those candidates NOT be Australian citizens was to, in effect,throw the doors open to the infiltration of the Department of Immigration and DFAT in the PRC to any security apparatus within the PRC.

Those "liaison" links have seen officials of the PRC Ministry of Public Security attending meetings at Border Force in Canberra to discuss the enforcement of "operation fox hunt" and the identification and apprehension of those persons suspected of economic crimes.

What this means in practical terms at the Australian Embassy and the Consulates in the PRC is that applicants for the investment visas have their information shared with PRC authorities on the basis that there is a need for integrity in the migration program.

I agree with that general need but I simply cannot agree with the proposition that persons who have provided information concerning their private business affairs to the Australian government have that information shared with the officials of a foreign government.

This promotion of the "integrity" component of the migration program, overall is a good thing. My problem lies in the raising of Interpol "red notices" by the PRC concerning alleged economic crimes by its citizens who are residing overseas. Those Notices exist in fact but in reality upon closer examination are often problematic because they are not accompanied by any evidence but neverthless are relied upon by Border force and others to refuse permanent visas and citizenship.

Interpol tends to accept the red Notices uncritically and the character "echo chamber" of Border Force then relies upon the existence of the notice to refuse applications.

Until the PRC is a democracy and disavows its totalitarian tendencies and has an independent and robust judiciary it is simply not safe to extradite anyone to the PRC.

It is about time that Border Force dispense with its locally engaged staff who are not Australian citizens and act to protect the independence and the integrity of the Australian migration program.

An extradition treaty with the PRC allows the PRC and its intelligence and security apparatus to reach into the heart of Australian society and pluck out its nationals for exemplary punishment in the PRC. That punishment regime includes the death penalty.