UN Human Rights Committee rules Australian government must ‘ensure’ prompt return of two Australian men

The UN Human Rights Committee says the Morrison government must ‘facilitate and ensure’ the prompt return of two Australians.

Human rights barrister Geoffrey Robertson.

The UN Human Rights Committee has ruled that the Australian government must “facilitate and ensure” the prompt return of two Australian men who argued their country has breached international law by preventing their return home because of “arbitrary caps on airline travel”.

The case was brought by two Australians under the guidance of world-renowned Human Rights lawyer Geoffery Robertson QC as part of FreeAndOpenAustralia.org (formerly StrandedAussies.org).

They argued the Australian government had breached the International Covenant on Civil and Political Rights, citing that “no one shall be arbitrarily deprived of the right to enter his [or her] own country”. The pair said their return home was an absolute right, which the federal government cannot defy by imposing travel caps on airlines or permitting states to dictate quarantine quotas.

Lionel Nichols, an associate of Mr Robertson, wrote on Twitter: “The UN Human Rights Committee has accepted our submissions that the petitioners would suffer “irreparable harm” if not permitted to return home and ordered their “immediate” repatriation to Australia.”

The UN Human Rights Committee has accepted our submissions that the petitioners would suffer “irreparable harm” if not permitted to return home and ordered their “immediate” repatriation to Australia. @FreeandOpenAustpic.twitter.com/CuA2gFoQHn

— Lionel Nichols (@LionelNichols) April 15, 2021

One of the complainants, Jason George, said his return was an “important moment for the case.” Mr George holds a degree in microbiology from the University of Warwick and currently resides in New Jersey, United States where he works in the pharmaceutical industry. He and his Australian wife Deborah — both vaccinated — would like to return to Tasmania to be by the side of a close family member who is currently undergoing treatment for cancer but have previously had flights cancelled.

“Put simply, what this means is if I were to book a flight today, that subsequently got cancelled because of Australia’s interim flight caps they’ve put in place, probably due to inadequate quarantine facilities for my return, then they would effectively be in breach of international law and be denying my rights,” he said.

Both men — the other named Alex, also vaccinated, — are willing to do 14 days quarantine.

The new ruling will also see the government required to answer the claim that Australia has breached international law by preventing stranded Australians, for over a year, from returning to their native land by its arbitrary caps on airline travel.

Citizenship lawyer Kim Rubenstein who helped bring the case to the UN has taken to Twitter to say she has been in contact with Mr Robertson over the new ruling.

“Just heard from @RobertsonQC the UN has granted the request for interim measures in the application from Aus citizens stranded overseas,” she wrote.

“My opinion explaining the author’s domestic exhaustion of remedies, given there is no express protection of citizenship rights in Australia’s constitution was part of the submission to the UN.”

Just heard from @RobertsonQC the UN has granted the request for interim measures in the application from Aus citizens stranded overseas. Aus has been directed to facilitate and ensure the authors prompt return to Aus while their case is pending before the Committee. #auspol

— Kim Rubenstein (@Rubenstein_Kim1) April 15, 2021

Some 34,500 people are still registered with the Department of Foreign Affairs and Trade as wanting to come home, including 5000 classified by the Australian government as vulnerable.

Free and Open Australia’s campaign spokesperson Deb Tellis said it was “an important victory for the rights of all Australian citizens”.

“Today’s decision by the UN is a wakeup call to the government”, she said.

Ms Tellis said the ruling “must allow Alex and Jason to come home and enable all others in their position to come home as well”.

She also urged the government to use its powers to expand quarantine facilities and end the travel caps “being dictated by the states”.

“There are thousands of our fellow citizens suffering loss of their relatives and loss of their jobs,” Ms Tellis said. “By not caring about them, Mr Morrison and his ministers are not only acting cruelly, but unlawfully.”

Free and Open Australia continues to advocate for Australians affected by flight caps, as well as for permanent visa holders, partner visa holders, temporary work visa holders, international students and those unsuccessfully seeking exemptions to leave Australia.