PM: Chinese asylum seekers cannot be detained

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Created on Tuesday, 10 April 2012 16:48

Written by Editorial staff

A boat crewed by Chinese migrants set for New Zealand has wound up making port in Darwin after the vessel began experiencing mechanical difficulties.

The ten foreign nationals stated that they are headed to Australia's closest neighbour to seek asylum, claiming that they are refugees.

They told reporters on April 10 that they had left China separately and did not know each other when living in their homeland.

One of the crew asserted: "We met in Malaysia at the UN and left Malaysia together by boat to go to New Zealand as refugees."

The Department of Immigration and Citizenship (DIAC) has issued the arrivals with temporary migration visas that allow them on board the vessel to leave the ferry terminal where they landed.

A spokesman for immigration minister Chris Bowen has said that the current actions of the DIAC in relation to the Chinese nationals is appropriate but that it is beyond its powers to detain the crew - which includes children under the age of ten.

Australian prime minister Julia Gillard backed the move, explaining that there were no relevant legal grounds available to consider holding the travellers.

"They have not asked for asylum in Australia and they are on a seaworthy vessel," Ms Gillard stated.

"So we are not in a position where we could detain them against their will."

While this country is a signatory to the United Nations Convention on Refugees, the actions of these mariners it is a sobering reminder of the differences between Australia's stance on refugee immigration visas and those of the New Zealand government.

Speaking to reporters from the ABC through an interpreter, the travellers explained that they did not fear mandatory detention but their decision to travel to the island nation was based on the fact that they had no assurances to how long they would spend isolated from the wider community.

While the DIAC may not have the power to detain the yacht's passengers and crew, international law professor at the Australian National University Don Rothwell told the ABC on April 10 that the boat could be "delayed" if the relevant authorities found that the craft itself was in some way unsound.

Mr Rothwell explained: "Certainly Australia has a raft of obligations under safety of life at sea conventions and other related conventions which can empower local authorities to stop a vessel leaving a port, if in the view of the port authorities in Darwin, the vessel wasn't up to the standard that would be required for a journey."

However, the professor also recognised that the individuals "have a right to sail foreign vessels, including yachts, through Australian waters".