Tourist compensated after Immigration Department bungle

AM - Tuesday, 15 February , 2005 08:00:00
Reporter: Andrew Fowler

TONY EASTLEY: More trouble for the embattled Immigration Department. It involves French citizen Mahamadou Sacko who arrived at Sydney Airport 18 months ago to start an English language course. But before he could do anything he found himself the focus of a bizarre interrogation.

He was taken to the Villawood Detention Centre where he received no consular access and was even asked to sing the French national anthem to prove his nationality.

The bungle has resulted in the payout of thousands of dollars in compensation.

This report from Andrew Fowler, from the ABC's Investigative Unit.

ANDREW FOWLER: As Mahamadou Sacko drove his DHL delivery truck past Charles De Gaulle Airport on the outskirts of Paris, he dreamed of taking a holiday in the sun. He went without a break for two years to save enough money for the trip. What better destination than Australia, where he could mix a warmer climate with his desire to learn English.

MAHAMADOU SACKO: I have seen the TV. It look very nice. Good country, friendly people.

ANDREW FOWLER: When he arrived at Sydney Airport, immigration officials noticed a scratch on his passport photograph. They said it had been tampered with and accused him of carrying a fake document.

MAHAMADOU SACKO: They said it's a false passport.

ANDREW FOWLER: But instead of calling the French Embassy to check the passport's authenticity, immigration officials transported him to Villawood Detention Centre which houses Australia's asylum seekers.

For the next two days Sacko says he was denied access to the French Embassy

MAHAMADOU SACKO: They asked me if I wanted to call French Embassy. I said okay, yes. They didn't do.

ANDREW FOWLER: Why not?

MAHAMADOU SACKO: They said it's not their job to do that. If I want, I must do by myself

ANDREW FOWLER: Did you have money to do that?

MAHAMADOU SACKO: No, because they keep all my money.

ANDREW FOWLER: Olivier Bove, of the French Embassy in Canberra, says the Australian Government should have contacted them.

OLIVIER BOVE: You see in the international law, we must be notified when a French citizen is detained whatever he has done or not done and the Howard Government didn't notify us.

ANDREW FOWLER: In their attempts to establish Sacko's nationality, immigration officials resorted to unusual tactics. They asked him to name the French president, the tallest mountain in France and to sing the French national anthem.

MAHAMADOU SACKO: I say I don't want to sing for you the Marseillaise. He said why. I say we aren't in the theatre.

ANDREW FOWLER: After more than 48 hours in Villawood, Sacko was finally able to make contact with the French consulate. They moved swiftly into action, confirming Sacko was who he said he was.

But DIMIA (Department of Immigration and Multicultural and Indigenous Affairs) detained him for a further two days. Sources close to the French Embassy say this was because DIMIA doubted the advice given to them by the French Government.

Sacko's lawyer, David Begg.

DAVID BEGG: If a genuine apology had been made at the time, my view is that Mr Sacko may not have ended up seeing a lawyer.

ANDREW FOWLER: The Investigative Unit has learned that Mahamadou Sacko took legal action against DIMIA and negotiated a compensation of approximately $25,000 for unfair treatment, with DIMIA insisting that the terms of the agreement be kept secret.

DIMIA's Public Affairs Officer, Andrew Gavin.

ANDREW GAVIN: The Department can't for legal reasons disclose the terms upon which the parties agreed not to pursue this matter further. It is standard practice for parties to include confidentiality and non-disclosure provisions in these types of agreements.

ANDREW FOWLER: But the Department did not provide us with any explanation as to why the French Embassy have still not received a reply to their formal complaint regarding Mr Sacko.

Olivier Bove, of the French Embassy.

OLIVIER BOVE: The formal complaint we had is that the Australian authorities never notified the French Consulate. So we sent, the French General Consul sent protest, official card through to DFAT (Department of Foreign Affairs and Trade) and also to the Immigration Minister to complain about that.

ANDREW FOWLER: What was the response from the Australian Government?

OLIVIER BOVE: I think we are still waiting.

TONY EASTLEY: French Embassy Spokesman Olivier Bove ending that report by Andrew Fowler from the ABC's Investigative Unit.