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November 16, 2011

URGENT COURT HEARING TO PREVENT AFGHAN DEPORTATION

by refugeeactioncoalitionsydney

There will be an urgent Federal Magistrates Court hearing this (Wednesday) afternoon at 3pm in court 6C John Maddison Towers, 88 Goulburn Street to try to prevent the Australian government deporting Ismail Mirza Jan.

An urgent application has been made by Shine Lawyers under the Migration Act seeking an injunction preventing the Australian government removing Ismail.

The court will be asked to consider whether it is “reasonably practicable” to remove Ismail, considering that since the signing of the MOU with the Afghan government, the Afghan Minister for Refugees has made public statements declaring that the MOU does not provide for the forced or involuntary removal of Afghan asylum seekers from Australia.

“We are determined to prevent Ismail being deported. While this may not be the only legal action taken, it will an important case to consider whether the MOU does allow Ismail or other Afghan asylum seekers to be removed. Just like the memorandum signed by the Malaysia and Australian government, this memorandum is not leglly binding.

“It is clear that the Afghan government cannot guarantee the safety of Afghan asylum seekers who are returned now, any more than they could when Afghan asylum seekers were sent back from Nauru under the Howard government. Last time people were killed after they were returned; others had to flee again,” said Ian Rintoul, spokesperson for the Refugee Action Coalition.

For more information contact Ian Rintoul 0417 275 713

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