Transcript
[Page 1]
[Underlined] Notes on Cabinet Submission 398
[Underlined] POLITICAL ASYLUM IN AUSTRALIA
While I agree with the recommendations, I feel that the submission is cast too wide. Normally this would not be a fault but we are on the eve of the Olympic Games and the important thing at the moment therefore is the procedure to cover the games eventualities. As you see from paragraph 2 there are 5 separate categories of people involved, only one being Olympic people. The general proposals in the Submission seem too leisurely for the special circumstances of November.
Subject to what I say in the next paragraph, I think the submission can be approved but it seems necessary to add a rider to the effect that during the Games the Spry procedure (as set out in his letter) is to apply. This does not conflict with the recommendations but adds a bit of precision for the period.
My one general criticism of the submission is that it reduces the subject too much to rules. Cabinet is asked to agree to the principle of asylum and refuge and from that point on the words of the submission put everything into the hands of the departments. I know there is no sinister attempt in this but I think a reference in the decision to the need for departments to be in consultation with Ministers, is desirable.
Finally, I would not have rules about public statements (see page 12). This is an illustration of what I believe is a too earnest desire to have everything down in black and white in advance.
[Page 2]
Submission No. 398.
[Underlined] POLITICAL ASYLUM IN AUSTRALIA.
The basis of the submission has been considered by an inter-Departmental Committee and no objection is raised to the recommendations. There are, however, two points that may be of interest:
(a) The handling of the Chinese Theatrical Group Case leaves one with the feeling that any applications for political asylum or refuge by Asian leaders ought to be referred to the Prime Minister's Department in the initial stages so that you may be kept in the picture.
(b) Would the Government wish the question of publicity [Written above, to] be taken up through the 'D' Notices Committee?
I have in mind that overseas Intelligence operatives may come and seek asylum. Only an interrogation will decide into what categories persons seeking asylum will fall. The applicant may even be a "plant." It could, in these circumstances, be in the national interest to defer any announcement until an official Government release can be made. Premature publicity will have an adverse effect at the time, and also upon any persons seeking political asylum in the future. It would be risky, of course, to bring the matter under the 'D' Notice system, but it may be well worth while to seek the co-operation of the press in the matter.
There are also one or two points covered in a letter from Brigadier Spry to you, and which may well be covered in the Cabinet decision. Brigadier Spry's letter is attached, and the arrangements which he proposes are as follows: -
(a) He assumes that the Commonwealth Government will receive and consider applications for political asylum from persons visiting Australia for the Olympic Games, and that it will be his responsibility to interview and report on such applications to the appropriate committee concerned.
[Page 3]
2.
(b) Wherever practicable Spry would attempt to persuade the applicant for political asylum to defer his final break until after the competitive events of the games have ended.
(c) Where the defection is at any stage a fait accompli, it be within Spry's power to give the defector, immediately, harbourage and protection pending acceptance of the defector's application by the Commonwealth Government.
You have indicated your approval of these views.
[Signature]
[Handwritten date] 16. 10. 56
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