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silentC
8th December 2004, 02:37 PM
From the SMH today:


A man arrested over a bomb plot in India and claiming to be member of the Jihad Movement has won a High Court case against Immigration Minister Amanda Vanstone.

The High Court ruled a member of the Refugee Review Tribunal did not allow the man, known as Naff, procedural fairness.

It quashed the tribunal's decision to refuse Naff refugee status and ordered it to redetermine his application for a review of the case.

Now, it's great that the system allows people another shot if there was some 'unfairness' in the process. In this case, the woman from the tribunal said she would write to the guy asking for clarification of a few inconsistencies in his application but then never did and consequently he was rejected.

However, why is someone who has done a runner after being arrested for planning to blow something or someone up and admits to being a member of a Jihad group even given consideration for asylum? What's his reason: "if I go back to India, where I am a member of a Jihad group and me and my buddies like to play with explosives, I might get arrested and beaten up, so please can I stay here"?

The court case didn't even go into whether or not he was an appropriate person. He gets another go simply because someone couldn't be asred to write to him like they said they would. I'm sorry but it just doesn't make sense to me.

Termite
8th December 2004, 02:39 PM
I do believe that someone of note said "The law is an ass". I for one won't disagree. ;)

HappyHammer
8th December 2004, 02:43 PM
Just say No !:mad:

Where has all the common sense gone in the world....:(

HH.

Bob Willson
8th December 2004, 04:43 PM
He brought the case to court to determine whether or not proper procedure had been followed to determine his suitability for refugee status, NOT to determine his refugee suitability.

HappyHammer
8th December 2004, 04:48 PM
Regardless we shouldn't be wasting our time or money.

echnidna
8th December 2004, 04:57 PM
Maybe we should shout him a free trip to the Hicks Holiday Resort in Cuba!

Bob Willson
8th December 2004, 05:00 PM
Sorry, but I cannot agree withyou. The issue is whether or not to just allow any minister to make any decision they like without following proper procedure. I want all the ministers to be forced to follow the law regardless of their own personal prejudices. Yes, the law is an ass but it all we have beteen us and them.

HappyHammer
8th December 2004, 05:08 PM
But common sense would suggest this is the right call and all decisions are open to scrutiny so why waste more effort and money. Wouldn't the time be better spent saying flat out no to this bloke and then asking Amanda to review the processes around closing cases with incomplete actions?

DavidG
8th December 2004, 08:22 PM
Got to agree with Bob.

If we start bypassing the law, (no matter how much of an ass it is), then we are no better than the other side. We are fighting for justice so how can we deny that to others.

Ministers as well as everone else must be held accountable to the law, any attempt to bypass it only results in an eventual loss of our own freedom.

Remember that our freedom is not lost by any single action but by creeping regulation that removes one tiny bit at a time.

silentC
9th December 2004, 08:13 AM
I think this is an example of an immigration lawyer working the legislation. The guy could have appealed against the rejection but instead they used a technicality to have it overturned so that they can try again. If he gets rejected, then he can still appeal. Who is paying for it all?

Why is a man who admits that he was arrested for attempted terrorism and who admits he is a member of a group that wants war on people not of his religion even allowed off the plane? It's not like Immigration has to prove these things - he is using them as his reason for application!!! That should be enough to slam the door in his face.

HappyHammer
9th December 2004, 09:41 AM
Lord, forgive the bleeding Liberals they know not what they do.....:D

I think what's needed is a balance between common sense and blindly following the law which we all seem to agree is flawed.

HH.

Bob Willson
9th December 2004, 03:55 PM
I think what's needed is a balance between common sense and blindly following the law which we all seem to agree is flawed.

HH.

Or better still, the rules should be changed so that certain pre-existing parameters must be met.

HappyHammer
9th December 2004, 04:03 PM
Sounds good Bob, who do we send the emails to?

HH.

Bob Willson
9th December 2004, 04:09 PM
Your local MP of course. Preferrably, the next time you vote. Sends a much stronger message. :)

HappyHammer
9th December 2004, 04:24 PM
Your local MP of course. Preferrably, the next time you vote. Sends a much stronger message. :)Sure but it's not specific enough to this issue.


Here's a draft feel free to comment...:o

Dear TBA,
<O:p</O:p
I recently read a Sydney Morning Herald article an excerpt of which is below;
<O:p
"A man arrested over a bomb plot in India and claiming to be member of the Jihad Movement has won a High Court case against Immigration Minister Amanda Vanstone.

The High Court ruled a member of the Refugee Review Tribunal did not allow the man, known as Naff, procedural fairness.

It quashed the tribunal's decision to refuse Naff refugee status and ordered it to redetermine his application for a review of the case."<O:p

I am appalled that this application is receiving any further consideration or consuming any more time and tax payers money. It seems obvious that this individual is not a suitable candidate for Refugee status. This situation seems to have been caused by the inadequacies of the immigration service in not sending a communication which should have said "Your application has been denied for what should be very obvious reasons".

Another consequence of this issue is that we tighten the law and impact genuine assylum seekers which is not my desire. However I would like to know what has been done to close this loop hole to enable our money to be better spent and to enable me to sleep well knowing undesirable assylum seekers are being turned away.



yours sincerely, HappyHammer.

Bob Willson
9th December 2004, 06:01 PM
I would just add a bit about people who are known and/or even self admitted members of any specified terrorist organisation should be automatically banned from applying for refugee status in Australia.

Zed
10th December 2004, 07:53 AM
shoot the ba$tard and return his remains to his home country - perhaps theres a reward.

Daddles
10th December 2004, 10:58 AM
shoot the ba$tard and return his remains to his home country - perhaps theres a reward.

Now that's not very friendly Zed. Perhaps his mummy didn't let him play with crackers as a kid.

Zed
10th December 2004, 11:02 AM
Now that's not very friendly Zed. Perhaps his mummy didn't let him play with crackers as a kid.

why do bombers need friends ? they have thier guns, they dont need mates just victims.

Daddles
10th December 2004, 11:05 AM
why do bombers need friends ? they have thier guns, they dont need mates just victims.

But someone's got to pack their play lunch and make sure their handky's clean and that the bloody bomb is switched on in the first place.

MathewA
10th December 2004, 06:13 PM
Heres a good one. A woman in our country sent all her kids to afghan terrorist camps. Then sent them on to fight the americans. All but one, including her husband were killed in iraq. The last one was seriously wounded. So what does the b*tch do, brings the kid back to canada for free medical treatment. There was a huge out cry over it but the gov refused to revoke their citizenship and deport them.

jow104
10th December 2004, 07:22 PM
Matthew,

The lady if the authorites came down on her would most probably seek asylum in Australia :eek: :eek: :eek:
So please be nice to her :D :D :D

craigb
10th December 2004, 07:51 PM
Matthew,

The lady if the authorites came down on her would most probably seek asylum in Australia :eek: :eek: :eek:
So please be nice to her :D :D :D

Nah mate, we stick our reffos in camps for years and years.

Works a treat too, we haven't had any "boat people" for at least three years.

ozwinner
11th December 2004, 07:02 PM
Nah mate, we stick our reffos in camps for years and years.

Works a treat too, we haven't had any "boat people" for at least three years.
Holiday camps arnt they?
Usually with lots of sand to play with.

Al :)

craigb
11th December 2004, 08:56 PM
Holiday camps arnt they?
Usually with lots of sand to play with.

Al :)

Yeah, the kiddies love it apparently.