Background by Sarah Mills
On 9 September 1998, Stephen Khan arrived in Australia after fleeing political persecution in Kashmir. The ongoing conflict between India and Pakistan over the disputed territory of Kashmir has made the Kashmir valley one of the most dangerous places in the world. This area is often referred to as a 'nuclear flash point'.
Tragically, Stephen's life is not atypical. Stephen's father was murdered by Indian security forces. Like many young Kashmiri's, Stephen became involved in the liberation movement for a free and independent Kashmir. His political opinion and his association with the Jammu Kashmiri Liberation Front (JKLF) made him a target for the Indian security forces. Like his father he was imprisoned and tortured. Fearing for his life, he fled India.
After spending some time living illegally in PNG Stephen embarked on the perilous journey to Australia in what he describes as a ten foot dingy. Australia
Upon arrival in Australia Stephen asked for asylum and like all other asylum seekers was detained under the migration act.
Monday, 9 September marked four years since Stephen arrived in Australia. Four years later Stephen is still in detention. Four years behind razor wire. Four years spent dwelling on a painful past and pondering an uncertain future
Stephen's mental state has deteriorated significantly since he first arrived in Australia. Stephen suffers from severe depression and Post Traumatic Stress Disorder. His psychologist is concerned that detention is aggravating his already fragile mental state
Whilst Stephen has already endured four years of prolonged and indefinite detention, there appears to have been little or no efforts on behalf of the Department of Immigration to resolve his case. Their response to Stephen's case has been consistent, stating that he has been uncooperative. Stephen's failure to 'cooperate' stems from his refusal to sign papers that will enable him to be deported to India.
Now one may ask, why on earth would a sensible human being sign documents that would facilitate their deportation to a country in which they genuinely feel their life to be at risk. Stephen fears that if he returns to India he will almost definitely be imprisoned, tortured and possibly killed. His fears are consistent with reports detailing the human rights situation in Kashmir. Both Amnesty International and the Asian Human Rights Commission have expressed concerns for Stephen's safety should he be returned to India.
Stephen Khan's case is indicative of an inflexible policy which has no mechanisms to deal with asylum seekers whose claims for asylum have been rejected yet cannot be returned to their country of origin. The government's solution at the moment appears to be prolonged and indefinite detention.
Sarah has been a friend of Stephen's for over a year. Currently she is completing an arts degree in politics and Asian studies at UWA
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