It must be hard for a conservative politician to make a decision he or she knows will distress heartland followers. John Howard upset a certain hardcore group of loyalists – even within his own cabinet – by banning semi-automatic rifles after the Port Arthur massacre.

Immigration Minister Chris Evans has had a compassion bypass on this Sri Lankan case.

It is even harder when Labor politicians make decisions that might appear to lack compassion, because they are supposed to be the party that cares about social justice.

But there seems to be a greater willingness to find excuses for Labor politicians, as Melbourne barrister and civil libertarian, Robert Richter QC, demonstrated on Lateline Thursday night.

Richter was appalled, and rightly so, about the case of a 92-year-old Sri Lankan woman, who is an Australian resident, who is being forced to return home because her sole carer and closest family member, her 69-year-old son, had failed over numerous attempts and many years to win residency.

Anyone who saw reporter Hamish Fitzsimmons’ story and was not moved ought to be deported themselves.

Lateline presenter Tony Jones followed the report with an interview with Mr Richter, who held firmly onto the line that it was not the fault of Immigration Minister Chris Evans’ that the mother and son would soon have to pack their bags, but the fault of his department.

Mr Richter said Mr Evans had direct power to overturn his department’s decision on humanitarian grounds and allow the mother and son to stay, but said Mr Evans had not been fully informed by his department of certain developments in the case, which might have strengthened the son’s case for residency.

Mr Richter was way too soft on Mr Evans, who declined to appear on the show but nevertheless issued a statement to Lateline showing that he had full knowledge of the case.

Mr Richter knew about the Evans’ statement. But he held the line that: “The bureaucrats have decided not to let him know about this…”; and that “this is a gratuitous cruelty which ought to be overturned and it does not look like [Evans has] considered it, because his department is not forwarding [relevant information]”

Mr Richter said Mr Evans’ department “hasn’t let him” make an informed decision about the case.

If only Peter Garrett had had such a fine barrister arguing his case.

Mr Richter pointed out that Lindsay Tanner, an “extremely fine man”, had when in Opposition supported the right of the son to stay. “And I wonder if Chris Evans would come to the same decision if he was allowed to see what was at stake,” Mr Richter said.

Mr Evans already knows precisely what’s at stake. But Mr Richter was prepared to protect Mr Evans in a way he would never have done for former Coalition ministers Philip Ruddock and Amanda Vanstone.

Perhaps Mr Richter is using some psychological tactic on Mr Evans, trying to give him an escape clause he doesn’t deserve. But it was too cosy of Mr Richter not to have a go at the Labor minister.

Still, if Mr Richter’s appearance on Lateline helps in any way to persuade Mr Evans to let the son stay (if Mr Evans has not changed his mind already), the victory will overshadow any complaint.

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42 comments

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    • annie says:

      05:51am | 06/03/10

      Our current immigration policy is a joke. Politicians of all parties just look to tomorrow’s headlines never mind the future they have no courage. We have people coming into this country in increasing number unwilling to join our society. And in 20 years we will be having the same problems that Europe faces now. Our security services watching 2000 plus potential mass murderers. Recent photos from London show Islamists in large numbers with placards saying “sharia the true solution and freedom can go to hell” and similar over a Dutch guy showing a video in the British parliament. Evans and Rudd are leading us at an increasing pace down the same politically correct path.

    • xen says:

      09:53am | 06/03/10

      Are you aware what you have to go through to be allowed into Australia? So, can you tell me, with more accurate detail, how your immigration is a joke?

      How has immigration failed in Europe? Are you talking about UK only, or could you, again please, be more accurate as Europe consists of 50 countries.

    • nic says:

      12:18pm | 06/03/10

      @xen, hard to get into the country? Read the story again ” who is being forced to return home because her sole carer and closest family member, her 69-year-old son, had failed over numerous attempts and many years to win residency.”
      Evidently./sarc.

    • Mike says:

      12:41pm | 06/03/10

      Xen (heh) - well if hundreds of thousands of people enter Australia each year it’s either not that hard, or just a lot of paperwork and hoops to jump through (which is normal and I’ve had to do the same to work temporarily in several countries myself), or it’s hard but the volume of applicants must be extraodinarily large so if say only 5-10% are successful that still reaches the hundreds of thousands, and if they made it easier that could well start to approach the millions.

      As for Europe, well having come from there myself, the terms ‘cultural suicide’ and ‘civilisational exhaustion’ spring to mind. And yes, in many if not most European nations.

    • Cuppa says:

      03:58pm | 06/03/10

      Well said Annie.I couldnt agree more.I think you have just expressed what many Australians are thinking(i personally know quiet a few).

    • rohan says:

      08:45pm | 06/03/10

      @Mike,

      then you dont have to worry on the account of “cultural suicide” now that you are back….

      I hope you get what i mean.

      why dont you look at the US and see what immigration has done - after all the US is the role model no?

    • Ryan says:

      09:23pm | 06/03/10

      @xen: since Rudd came to power its not that hard at all, just hop on a boat and drive straight to Christmas island for a direct entrance ticket and permanent residency. Less than 14 illegal immigrant queue jumpers have been sent packing from there, not even the ones who murdered some of their fellow citizens and injured some of our defense force personell when they blew up that boat.

    • Mike says:

      02:16am | 07/03/10

      @ Rohan - re the US, well, I don’t think you can categorically say immigration has worked out for them fine. Anti-immigrant sentiment is running pretty high, and they have always had ethnic tensions, just not so much in the more liberal areas. Right now with all their illegals and crippled economy, you are already seeing a growing movement on the right that imo will likely take on an anti-immigrant aspect to it as many feel the Republicans will not touch that issue (sound familiar?). I am not saying immigration is all bad and I think many migrants from many backgrounds are a credit to our country, but in the numbers it has happened over the past decade or so in particular, I think we invite trouble if we pretend it’s all good and fight off criticism and murmurings of public discontentment.

    • xen says:

      08:48am | 10/03/10

      @nic: Yes, I did read the article, but I was commenting on what annie said.

      @Mike: I think it depends which countries you immigrate to and where you come from.

      So, Mike, can you specify which of the 50 countries in Europe you are talking about?

      Immigration can only become a problem if integration fails.

    • John A Neve says:

      05:58am | 06/03/10

      Firstly the health issue is not new. The main problem, based on my limited knowledge, isa shortage of trained medical staff and this is in all fields.

      More trained staff will not appear over night, blame the AMA and previous governments for this.

      What is required is more money and more trained staff, so things might improve in 5-10 years.

      Money; government’s only get income from taxes and charges, we want improvements and I agree, we put our hands in our pockets. While there may be waste and mismanagement, we are talking $millions to provide what we all desire.

    • steve says:

      09:56am | 06/03/10

      John many people do put their hands in their pockets to provide for the medical needs it is called Private Medical Insurance

      You should try it

    • John A Neve says:

      11:43am | 06/03/10

      Steve,

      I really clever comment on your part. But I think I was in a private fund when you wrere still in nappies.

    • persephone says:

      12:42pm | 06/03/10

      Steve - private health insurance does not pay for training places for new doctors and nurses.

    • stephen says:

      02:42am | 07/03/10

      Trained Medical staff, John ?
      Four days ago an internationally honoured Cardiologist was appointed to one of our biggest hospitals… and he’s Sri Lankan.
      Does he count, folks ?
      (And may I remind you, he’ll be saving Aussie lives.)

    • John A Neve says:

      07:20am | 08/03/10

      Steve,

      Your point is?  I would have thought that the need to inport doctors supports the issue made in my firts post!!

      You did under stand it Steve, didn’t you?

    • Paul says:

      06:08am | 06/03/10

      This is where Amanda Vanstone gives Labor a lesson in tough compassion.

    • DaisyMae says:

      10:17am | 06/03/10

      She made me ashamed to be an Australian, that women was hard as nails with no compassion at all and didn’t she even detain and Australian?

    • Eric says:

      08:46am | 06/03/10

      It’s a disgrace that genuine refugees who have complied with Australian conditions are being evicted - while Rudd’s government opens its arms to a flood of asylum shoppers.

      Leftists seem to favour the undeserving over the genuinely deserving.

    • steve says:

      09:58am | 06/03/10

      Well if they arrived on our shore in a rickety boat from Indonesia they would get permanent status in heart beat.

    • persephone says:

      12:45pm | 06/03/10

      Steve -

      no boats have ‘landed on our shore’ under the Rudd government.

      Please specify which boat you’re talking about so the accuracy of your statement can be examined.

      As you’ve got the first basic fact wrong, I’m not holding my breath (much though you might like me to).

    • Ryan says:

      09:29pm | 06/03/10

      @persephone: how clever you are, attempting to discredit a persons comment by attacking him personally on a technicality, you are so smart, I want to be just as clever as you, did you come up with that tactic all by yourself?

    • Jason Ransome says:

      08:43am | 07/03/10

      @persephone your flawed comment failed to mentioned that some of those on board some of the boats have been brought to the mainland. Not to mention more boats have arrived under the Rudd government than the Howard government…...

    • Philip Crowley says:

      12:05pm | 07/03/10

      Persephone, Mr Rudd can only thank Mr Howard that no boat has ‘landed on our shore’. The government excised Christmas Island, along with some 4,500 others, from Australia’s migration zone in 2005. It is a fact that a large number of illegal arrivals have occurred on Mr Rudd’s watch, due to his softening of immigration laws. Your response to @Steve is pedantic and flawed.

    • persephone says:

      03:22pm | 07/03/10

      No, more boats - with more people in them - arrived under Howard.

      And under Howard, we not only had boats reaching places like Christmas Island, we had people wading ashore on the Gold Coast.

    • June says:

      10:03am | 06/03/10

      I’m sure there are plenty of situations like this happening. It’s just that we are now into an election year and the Government are worried that they are not seen as being tough enough, so they have let this one out to the media. “Look how tough we are on immigration”  Similar to Rudds efforts at showing the media how tough he is all of a sudden with the states. It’s all staged. They have been labeled as being weak and this is their answer to it.

    • Dave says:

      10:49am | 06/03/10

      The information that you are publishing is partial and misleading.

      The lady has a son and daughter in law, yes quite old herself, 74, who are not willing to look after her. She may actually have quite a happy retirement in Sri Lanka, where her pension will go much further than here.

      Misinformed emotional blackmail does not lead to effective immigration policies.

    • Ricky says:

      04:05pm | 06/03/10

      Her pension? So the Australian taxpayer has to continue to foot the bill? What a joke.

    • persephone says:

      12:48pm | 06/03/10

      I actually dealt with the reverse of this, back under the Howard government, trying to assist a multi millionaire from Zimbabwe to come to the country to look after his blind father.

      This would have not only bought millions of dollars into the country but would have meant his father would have been able to live at home with his son, freeing up an aged care bed.

      No way could I get him in.

    • Mick says:

      07:02pm | 06/03/10

      Can you get him to stop emailing me? I’ve never had a long lost uncle who died in Africa working for a diamond company and the emails are just plain annoying now.

    • Kevin says:

      03:40pm | 07/03/10

      I like Mick’s response!!
      Persephone’s attempt to import yet another immigrant from Africa just shows that the Howard Government was consistent, honest and could not be bribed.
      The left really should get out more and see the world as it really is, rather than what they think it should be.
      Also, ask yourself why it should be the West that has to take all these asylum seekers,
      Why can’t they go to Japan, China or Russia? The last two have plenty of spare land and resources…
      Since Rudd has been in power the number of asylum seekers has rocketed- they see us as an easy touch these days. The same thing happened in the UK during the last twelve years- look at the mess the UK is in now. This is our future if we re-elect them.
      I went to the airport today- it is obvious that an extraordinarily large number of Somalians are being imported. Have the people voted for this invasion?
      Sorry, but we are going to face big problems in this country if this continues.

    • persephone says:

      08:04am | 08/03/10

      Immigration numbers reached record levels under the Howard goverenment, particularly from countries in Africa.

      As for ‘consistent and honest’, there were well documented accounts of shady characters getting deluxe service from the Howard government when seeking residency here, who were (entirely coincidentally I’m sure) big donors to the Liberal party.

      And the white businessman was not an asylum seeker.

    • persephone says:

      08:08am | 08/03/10

      Oh, and yes, Mick’s response was good!

    • acker says:

      02:48pm | 06/03/10

      At some stages such as in this case the minister must step in. It is a rare case take and act on it, on it’s merits. Common sense must prevail at the end of the day.

    • julia says:

      04:40pm | 06/03/10

      Oh, please. Labor is not the party of social justice. They just say they’re the party of social justice.

      If Labor was the party of the working poor, underdog, impoverished etc they’d be the ones to build railways at any cost. They wouldn’t shut them down (NSW) and ignore the need to have inner city connections.

      No. Labor’s definition of social justice is snubbing a person at a party because said person cracked onto his/her spouse.

    • Paul says:

      05:22pm | 06/03/10

      We don’t need to worry about what milkshake sippers in other countries think. It concerns me that Abbott’s man-ladies Bronwyn and Sophie just seem screeching and hollow and not really up to a team in opposition landing solid punches. It took weeks of concerted hammering for the Liberals to get a half resignation from Garrett. Which points to the fact his team wasn’t backing him up properly for a party on the back foot and realising broader Rudd’s vulnerabilities.  Abbott needs to prove himself as a strategist, and make the tough decision to switch gears and bring a Vanstone comeback into devastating play against Rudd.

    • Robert Smissen of Rural SA says:

      10:45pm | 06/03/10

      Labor has long ceased to be (if it ever was) supporters of social justice. Can you name me so Labor politicians who have ever “laboured” at their job? ? No I didn’t think so! ! ! They all seem to Armani wearing, soft handed, trough gorging & money grabbing. I wouldn’t mind betting that none of them couldn’t spell compassion, never mind know what it means. Little Kevvy said ” vote for ME & all your worries will disappear in flash, they did, but only to be replaced by far bigger ones.

    • rohan says:

      03:47pm | 07/03/10

      In the history of immigration, it is clear who does not assimilate and destroy the native population. Take the case of Zimbabwe, the “immigrants” took the land by force until they were evicted by force. So much outcry when Mugabe took back the land.

      My point is that all those who howl at any mention of immigration probably has done worse to the country they were immigration to. It is a joke seeing all those comments when history points to a much different story: Australia, South Africa, South America etc etc

    • Eric says:

      06:09am | 08/03/10

      Rohan,  you cite the bad effects of uncontrolled immigration. That just proves the point of those who oppose open borders.

    • Kevin says:

      06:49am | 08/03/10

      @Rohan
      The whites who went to Zimbabwe created a prosperous and progressive country where before, there was nothing. The native population there at the time was not anywhere as big as it is now, and the prosperity engendered by the white population attracted a large number of immigrants of African people from other parts of Africa.
      Now that Zimbabwe has been returned to majority rule, the country has been ruined.
      You obviously know very little about the history of Rhodesia.
      And if you think that Mugabe has been a good thing for the African population of Zimbabwe, then you obviously don’t inform yourself properly.

    • marley says:

      07:15pm | 07/03/10

      Sloppy piece of journalism.  If I didn’t know anything about the background to this case, I wouldn’t learn anything from this article, except that you don’t agree with the government’s decision. 

      And frankly, immigration issues are always more complex and nuanced than the media generally presents.  Why not do a bit of real research, and find out what sort of refugee claim the chap made the got rejected, and why all his subsequent appeals were rejected as well?  On what basis was his request to stay rejected by the tribunals and courts?  Then maybe we can make a judgement as to whether this is a “scandal” or an appropriate exercise of authority. 

      All we have to go on at the moment is your opinion.  And that’s not good enough.

    • eye4aneye says:

      06:12pm | 08/03/10

      Just as an aside this woman has several other children that are in Australia legitimatly - Why can’t one (or more) of them step up and care for her?

      Might be cynical of me but is it perhaps possible having this man care for his elderly mother was a ploy to increase his chances of getting residency?

      I don’t know all the facts but immigration does and they decided to send him back to Sri Lanka - a decision I’ll support until facts change my opinion.

    • PAL says:

      02:05pm | 03/09/10

      So were not some of us evoking racist stereotypes to describe the Vietnamese “boat people” in the 80’s? I’m told the Greeks and Italians “refos” suffered the same elitist demonising before them. Now we are being invaded by an East Indian horde. Could the haters please back down, and allow some common sense in?
      Aussies - in fifteen years time you’ll be strolling down “Little India” in .......insert large city…. and thinking, “great tucker” and “hey they speak pretty good english”  hypocrites.

 

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