Subject: Message from Australia

From: [email-masked] (priv=-10 D.C.)
Date: Tue, 23 Nov 93 02:25:16 -0500

You might have seen this before, please give your help and suggestions
to our fellow friends.

------- forward message -----------
>From [email-masked]  Tue Nov 23 02:16:32 1993
Date: Tue, 23 Nov 93 03:12:20 EDT
From: [email-masked] (Patrick Fu)
To: [email-masked]
Subject: Message from Australia
Cc: [email-masked]
Status: R

Dear Mr. Liqun:

We are seeking your support and help on our nationwide effort in Australia for 
permanent residence. On Nov.1, 1993, the Australian Minister for Immigration 
and Ethnic Affairs, Senator Nick Bolkus, announced new arrangements for PRC 
nationals to apply for permanent residence. In that decision, most of students
and scholars who hold or are completing Masters or PhD degrees were excluded
from the opportunity of permanently settling down because we had not applied
for Determination of Refegee Status (DORS) before the day Senator Bolkus 
announced the Federal Cabinet decision. CSSAA (Chinese Students and Scholars
Association in Australia) was formed on Nov.12 to take action against our
exclusion of the new category for P.R. application. Having been deeply impre-
ssed by your excellent work on lobbying for Chinese students protection bill
in the United States, we believe you may provide many useful advices, sugges-
tions and perhaps direct aids to us. 

Attached please find some information of the Australian Goverment's decision
and our measures and lobby efforts.

we look forward to your reply.

Fu Pengcheng

Encls:
1. Letter to Senator Bolkus
2. Letter to our supervisors
3. Comments on the Nov. 1 Decision

-------------------------------------------------------11111111------------
                                       Chinese Students and Scholars
                                            Association in Australia

                                           November 5, 1993         

The Hon. Senator Nick Bolkus
Minister for Immigration and Ethnic Affairs
Parliament House
Canberra ACT 2600

Dear Mr. Minister:

   APPEAL AGAINST OUR EXCLUSION FROM GRANTING PERMANENT RESIDENCE

We are a group of students who arrived here after Tienanmen
Square massacre (before May 12, 1992) from the People's Republic
of China and are taking postgraduate courses, Masters or PhD
degrees, at the University of Sydney.

We are sincerely grateful for the Federal Government's decision,
announced by you on November 1, 1993, to grant permanent
residence to Chinese nationals who came here priori to Tienanmen
Square massacre. This decision, as well as previous humanitarian
aid, has reaffirmed Australia's worldwide commitment to the
ideals of democracy, freedom of expression, and its international
obligation to help the political refugees.

It is evident, however, that our category have not been covered
by Monday's Federal Cabinet decision, because we have not
formally applied for refugee status before November 1, 1993.
Since we fully meet the new criteria and hold the best
qualifications among the Chinese in Australia (Masters, PhDs),
we are appealing to you to reconsider our case in relation to
granting us permanent residence.

We were in China when the tragic events took place in June 4,
1989, and came to Australia after the massacre. We have not
forgotten the horror at that time and do still fear consequences
if we return to China. Even we have not applied for refugee
status, we have sought asylum in our own way by taking the
University as our sanctuary, where we can stay, learn and
establish ourselves in the Australian society. We have constant
fear of being sent back to China to face discrimination and
punishment the same as other asylum seekers!

The Federal Government's decision on Monday was consistent with
other western democracies such as Canada, the United States and
New Zealand. However, unlike other countries, Australia did  not
give us any time to lodge our applications for refugee status(
the decision was announced on Monday, November 1, 1993 and the
applications had to be in priori to this). We do not think this
is fair.

We cannot be too agreeable to your statement that "Australia's
immigration policy has two fundamental objectives... to continue
to enhance Australia's economic and social aims and to
accommodate humanitarian concerns and family considerations." Our
category is definitely in need of assistance and we would like
to draw your attention to the fact that we are doing  research
in natural and social scientific areas, and are contributing to
the enhancement of Australia. We have lived in Australia for
several years. In the University, we are research assistants,
departmental tutors, and part-time workers for some companies.
We speak fluent English. Many of our research topics are at the
leading edges in various scientific and hi-tech fields in
Australia, some even in the world. Many of us have achieved
remarkable academic attainment which has been recognized by our
supervisors and colleagues. As a whole, we have adapted well in
the mainstream of the Australian society. We have formed
comprehensive connections with Australian research circles, and
have developed constant contacts with Australian industries.
Australia has set its aim for the next century to be a "clever
country". We believe that we are able to contribute towards this
aim.

In summary, we would like to point out that we are the best
qualified group of the Chinese students here and we strongly hope
that we may be given equal rights for protection as other PRC
asylum seekers.  We feel we are committed to contribute to
Australia's bright future.

Looking forward to your favourable response.

Best regards !

Yours faithfully;

-------------------------------------------------------22222222------------
                                 Chinese Students and Scholars
                                      Association in Australia

                                             November 19, 1993

Dear Professor  X:

As you may have known, the Minister for Immigration and Ethnic
Affairs, Senator Nick Bolkus, had announced on November 1,
1993, new arrangements for PRC nationals in Australia to apply
for permanent residence. 

In his announcement, Senator Bolkus said: " Australia's
immigration policy has two fundamental objectives. They are:
to continue to enhance Australia's economic and social aims
and to accommodate humanitarian concerns and family
considerations."

"Today's decision is consistent with those objectives. It will
mean stability and certainty for these people who will now be
able to plan for the future with confidence."

Consequently, a new onshore permanent residence category will
be instituted for PRC nationals and other asylum seekers who
were granted a visa before 12 March, 1992 and had applied for
refugee status. The criteria for the new category are such as:
1). age less than 45; 2). possession of vocational English;
3). currently enrolment (subject to a satisfactory
performance) in an accredited tertiary course which will lead
to an associate diploma, diploma, bachelor or higher degree,
etc. 

We represent Chinese students and scholars who arrived here
after Tienanmen Square massacre and before March 12, 1992.
Many of us are taking postgraduate courses, Masters or PhD
degrees in universities throughout Australia. The commonplace
amoung us is that we are all willing to stay in Australia and
make our contribution to Australian society after getting our
degrees. It is evident, however, that we have been excluded
from the new category for granting permanent residency only
because we had not formally applied for refugee status before
November 1, 1993 as Senator Bolkus required at that day.

It is a very serious matter to lodge this kind of application.
Some of us had been misled by some Immigration officers when
they went to inquire the effect of refugee status application
on the validity of their current visa, their visa extension
and their dependents arriving. Therefore, it is unfair to
deprive our right to be equally treated as other PRC nationals
who arrived in Australia during the same period as we did.

It has been found that the mainstream of Australian community
dose not know the actual situation we are facing. Many people
think we have surely been covered by the new arrangement. For
example, A journalist, Ms. Walsh wrote in her paper: "...Of
the further 22,000 seeking refugee status in the special
category, only about 8,000 are expected to meet the tough
criteria and be granted permanent residence. The bulk of those
will be university-educated Chinese with a number holding or
completing doctorates." (Kerry-Anne Walsh, "Cracking the
Chinese puzzle". The Bulletin, Nov.16,1993, p.16).

The parliament will debate the new arrangement on December 7
for legislative purpose. We now are appealing against our
exclusion from the new onshore category. It is strongly hoped
that you, as an academic supervisor of one or more of our
members, may show your concern on this issue and give us your
support. No one understands us better than you do; no one is
able to better evaluate our work, our research results and our
potential to contribute to Australia's growth in the future.
This is what we have concluded. We now would like to ask your
favour: Writing letters to Senator Bolkus and the MPs in your
area to help your Chinese postgraduate(s) and to help us. You
may write the letter according to your knowledge of the
achievement of your Chinese postgraduate(s), or you can ask
him/her for more information and a draft letter we have
prepared for your reference.

It would be most grateful if you could do us this favour!

Best regards!

Yours faithfully

--------------------------------------------------------3333333------------
     COMMENTS ON THE 1 NOVEMBER 1993 DECISION BY THE GOVERNMENT

Herebeneath are some quotstions from the statements in the 1
November 1993 decision and relevant comments on them as follows:

1. Objectives of the new arrangement:
      " Australia's immigration policy has two fundamental
objectives. They are: to         continue to enhance Australia's
economic and social aims and to accommodate      humanitarian
concerns and family considerations."

      "Today's decision is consistent with those objectives. It
will mean stability and    certainty for these people who will now
be able to plan for the future with         confidence."
COMMENT:
      We are sincerely grateful for the Federal Cabinet decision,
announced by Senator       Bolkus on 1 November, 1993 which
reaffirms Australia's worldwide commitment to         the ideals of
democracy and freedom of expression.

2. Who will be eligible for permanent residence?
      "...who were granted a visa to Australia before 12 March
1992 and who arrived in Australia and who have already applied
for Determination of Refugee Status or are holders of
Concessional Temporary Entry Permits (TEPs)."
COMMENT: 
      It seems that in this category, only those people who had
already applied for DORS are eligible unless they are holding
TEPs. But please read the following explanation of the new
arrangement:
      "These new arrangements are not based on humanitarian
criteria. The criteria are unrelated to claims for refugee
status."
      Contradiction can be found. Don't you think so?

3. Why the criteria are unrelated to claims for refugee status?
      "The new arrangements recognize that there are many people
who can make a contribution to Australia because of their skills,
qualifications and other attributes."

      "Nonetheless the national interest had to be considered, and
in doing that we looked at the contribution these people are
making and will continue to make to Australia."
COMMENT:
      No one can deny that in this category, we, who hold or are
completing Masters or PhD degrees, meet the criteria better and
will thus be making more contribution to Australia than other
people if we are allowed to stay.

4. Application for refugee status:
      "All are still free to pursue refugee claims"
COMMENT:
      1) The approval rate was very low--below 1 percent;
      2). Many applicants have been waiting for more than three
years since they lodged their forms, and are still unable to be
interviewed.
      3). For student visa holders, some were told by their local
Immigration Officers that there are negative effect of refugee
status application on the validity of their visa, the extension
of their visa, or the application of their dependents to come to
Australia.

5. International comparison:
      "Western democracies such as Canada, the United States and
New Zealand have all provided temporary and permanent residence
to those PRC nationals in their countries at the time of
Tienanmen Square."

      "Australia's response is consistent with international
practice."
COMMENT:
      Not exactly. Those countries did not required that the
Chinese students should "have already applied for DORS" for their
permanent residences.

-----------                                                 ____   __o
Dong Chen, LPR, U. of Maryland, College Park, MD20742, USA  ___   -\<,
[email-masked] (301)405-5025(O) (301)314-9437(fax)       ....0/ 0