Fil-Aussie woman gets justice 4 years late after expulsion blunder

A Filipina-Australian deported by Australian immigration authorities four years ago due to a bungled process will finally get justice and have her chance to return to the country, abs-cbnNEWS.com learned Thursday.

Immigration Minister Amanda Vanstone said that the Australian federal government has offered to facilitate the return of Vivian Alvarez, also known as Vivian Wilson and Vivian Young, to Australia.

"Consular officials will be offering all appropriate consular assistance which will obviously include an offer to facilitate her return to, if that is her wish, and appropriate support in Australia," Vanstone said in a statement on the Australian immigration ministry official website.

Vanstone also said that consular officials from the Australian embassy in Manila have spoken to a Catholic priest in Olongapo City. The priest has been taking care of Alvarez at a local hospice since her deportation, she said.

"It now seems, on the basis of that discussion, that the woman is Vivian Alvarez who was removed from Australia in 2001," Vanstone added.

Vanstone's statement followed pronouncements made by no less than Prime Minister John Howard on the case of Alvarez.

"I am very sorry if anything unfair has happened in relation to that and on the face of it that does appear to be the case," Howard told Southern Cross Radio which was posted on ABC Newsonline website last week.

Queensland Premier Peter Beattie also called on the federal government to conduct an inquiry into the deportation blunder.

Beattie has jurisdiction over the municipality of Caboolture where Alvarez reportedly lived during her short stay in Australia.

Investigation needed

A report from the National Nine News website Thursday quoted Australia's human rights commissioner as he renewed call for an inquiry on the Alvarez case.

Commissioner Sev Ozdowski said an investigation committee into wrongful detention of Australians and other immigrants needs its powers broadened. The investigation committee is headed by former Australian federal police chief Mick Palmer.

Ozdowski said the search for answers should not be done behind closed doors.

"There are plenty of questions which are unanswered and which need to be followed," Ozdowski told ABC radio in an interview posted at the National Nine news website

"It certainly warrants an open inquiry which can get all of the facts, it warrants an inquiry which would allow witnesses to come forward, which would provide protection to witnesses and it warrants an inquiry which will have access to all relevant documents," he said.

Palmer's inquiry was set up three months ago after the wrongful detention of Cornelia Rau, a mentally-ill Australian woman.

Rau, who suffers from schizophrenia, was held in detention for 10 months including an extended period at the Baxter detention center in South Australia, according to reports.

The inquiry into Rau's detention has since been widened to examine other errors by the department, including the case of Alvarez.


Blunder

Reports said Alvarez had been living in Australia for 18 years after marrying an Australian citizen surnamed Wilson in the Philippines. She still has a nine-year old son in foster care in Australia.

Before the deportation order in July 2001, New South Wales police reported that Alvarez, figured in a car accident in the city of Lismore.

She was then sent to the Philippine consulate in Brisbane for assistance.

Instead of helping her, Australian immigration officials set up an inquiry regarding Alvarez's status as an immigrant.

With her English language skills below average, immigration authorities branded the woman as an illegal immigrant and decided to send Alvarez back to the Philippines.

Vanstone said an immigration officer realized in 2003 that Alvarez had been mistakenly deported. "The advice I have is that [the error] was not [passed up to the minister]," she said.

Alvarez's family in Australia said they had searched for her for four years. They were unaware that she had been deported and was until last week believed to be dead. Roy Medina, abs-cbnNEWS.com, wires reports