Post by rowdy on Apr 25, 2012 11:40:10 GMT 7
I think this is one where the Government got it right. This person belongs anywhere but Australia. Good riddance ....
Canberra ignores UN ruling on Aust-Swedish man
THE federal government is rejecting a landmark UN Human Rights committee ruling by refusing to allow the return of an Australian-raised convicted criminal who had been deported to Sweden.
Stefan Nystrom, 39, was deported from Australia in December 2006.
He was born in Sweden, but came to Australia when he was 27 days old and had not left Australia until he was deported 36 years later.
The federal government cancelled his visa on the grounds of his criminal record, because he failed the "character test" of the Migration Act.
The United Nations Human Rights Committee in Geneva made a landmark ruling in September that the Australian government had an obligation to provide Nystrom with an effective remedy and allow him to return.
Seven months later, Nystrom is still homeless in Sweden and the federal government has opted to ignore the legally binding but non-enforceable recommendations of the UN committee.
His family and lawyers say the federal government's decision will reflect badly on Australia's candidacy for a non-permanent seat on the UN Security Council.
Nystrom's sister Annette Turner told AAP the family was devastated.
"It leaves us at a point now where we feel really helpless," Ms Turner said today.
She said her brother is homeless in Sweden and cannot find a job because of his criminal record, the language barrier and mental illness problems.
Ms Turner said she hasn't spoken to her brother since the government response was released.
"It's extremely difficult for us to contact him. We wait for him to call us," she said.
"It's not the kind of news we want to tell him. He's been pinning his hopes on this."
She said her brother "was no angel", but did not deserve to be punished twice for his crimes.
"He's living a nightmare; he suffers from depression and paranoia," she said.
"This could push him over the edge."
In her response to the UN committee, Attorney-General Nicola Roxon said the Australian government "respectfully disagrees with the committee's finding".
The response said "no unreasonable impediments were placed upon the acquisition of Australian nationality".
"A person may apply for Australian citizenship at any time, and a child can be included in the responsible parent's application for citizenship or can apply for citizenship in his or her own right."
The response disputed the committee's finding that Nystrom's "removal constituted an arbitrary interference with his family".
Nystrom had been convicted of aggravated rape of a 10-year-old boy when he was 16, as well as 80 other offences including arson, property damage, armed robbery, burglary and theft and drug charges. He served his sentences for those offences.
Last year's committee judgment said Nystrom had a drinking problem which had contributed to the criminal offences, but had learned to control it before he was deported.
Nystrom has few ties with Sweden, has never learnt the language and does not have any contact with his Swedish relatives.
He and his mother had assumed he was an Australian citizen.
The Victorian-based Human Rights Legal Centre represented Nystrom.
Spokeswoman Rachel Ball said the government was in "flagrant breach of its international human rights obligations".
"Australia's mounting track record of rejecting the decisions of UN treaty bodies lays us open to the charge of speaking with a forked tongue on human rights," she said.
Source : www.theaustralian.com.au/news/breaking-news-old/canberra-ignores-un-ruling-on-aust-swedish-man/story-fn3dxity-1226338054260
Canberra ignores UN ruling on Aust-Swedish man
THE federal government is rejecting a landmark UN Human Rights committee ruling by refusing to allow the return of an Australian-raised convicted criminal who had been deported to Sweden.
Stefan Nystrom, 39, was deported from Australia in December 2006.
He was born in Sweden, but came to Australia when he was 27 days old and had not left Australia until he was deported 36 years later.
The federal government cancelled his visa on the grounds of his criminal record, because he failed the "character test" of the Migration Act.
The United Nations Human Rights Committee in Geneva made a landmark ruling in September that the Australian government had an obligation to provide Nystrom with an effective remedy and allow him to return.
Seven months later, Nystrom is still homeless in Sweden and the federal government has opted to ignore the legally binding but non-enforceable recommendations of the UN committee.
His family and lawyers say the federal government's decision will reflect badly on Australia's candidacy for a non-permanent seat on the UN Security Council.
Nystrom's sister Annette Turner told AAP the family was devastated.
"It leaves us at a point now where we feel really helpless," Ms Turner said today.
She said her brother is homeless in Sweden and cannot find a job because of his criminal record, the language barrier and mental illness problems.
Ms Turner said she hasn't spoken to her brother since the government response was released.
"It's extremely difficult for us to contact him. We wait for him to call us," she said.
"It's not the kind of news we want to tell him. He's been pinning his hopes on this."
She said her brother "was no angel", but did not deserve to be punished twice for his crimes.
"He's living a nightmare; he suffers from depression and paranoia," she said.
"This could push him over the edge."
In her response to the UN committee, Attorney-General Nicola Roxon said the Australian government "respectfully disagrees with the committee's finding".
The response said "no unreasonable impediments were placed upon the acquisition of Australian nationality".
"A person may apply for Australian citizenship at any time, and a child can be included in the responsible parent's application for citizenship or can apply for citizenship in his or her own right."
The response disputed the committee's finding that Nystrom's "removal constituted an arbitrary interference with his family".
Nystrom had been convicted of aggravated rape of a 10-year-old boy when he was 16, as well as 80 other offences including arson, property damage, armed robbery, burglary and theft and drug charges. He served his sentences for those offences.
Last year's committee judgment said Nystrom had a drinking problem which had contributed to the criminal offences, but had learned to control it before he was deported.
Nystrom has few ties with Sweden, has never learnt the language and does not have any contact with his Swedish relatives.
He and his mother had assumed he was an Australian citizen.
The Victorian-based Human Rights Legal Centre represented Nystrom.
Spokeswoman Rachel Ball said the government was in "flagrant breach of its international human rights obligations".
"Australia's mounting track record of rejecting the decisions of UN treaty bodies lays us open to the charge of speaking with a forked tongue on human rights," she said.
Source : www.theaustralian.com.au/news/breaking-news-old/canberra-ignores-un-ruling-on-aust-swedish-man/story-fn3dxity-1226338054260
