Canberra threatened with European court over deportation: [1 Edition]
Abstract
In his early 40s, Burgess became depressed, began drinking and fell into debt, losing his $1.7 million home. He saw importing cocaine as a way out, and in 1996 he pleaded guilty to importing 2kg of cocaine with a street value of $656,200 and was sentenced to four years in prison.
AN international human rights group has condemned the conduct of Immigration Minister Philip Ruddock and is threatening to take the Australian Government to the European Court of Human Rights over the deportation of a businessman convicted of cocaine smuggling.
Brian John Burgess lived in Australia for 31 years but was deported to Britain at the end of his jail term without the opportunity to say goodbye to Jenny, his wife of 30 years, or his three children, all under 17.
Burgess came to Australia under the British Boy’s Movement for Australia at the age of 17. He was employed as a sales agent for several airlines including Ansett and Compass, did modelling assignments and was featured on the MBF Get To Know Your Heart campaign.
In his early 40s, Burgess became depressed, began drinking and fell into debt, losing his $1.7 million home. He saw importing cocaine as a way out, and in 1996 he pleaded guilty to importing 2kg of cocaine with a street value of $656,200 and was sentenced to four years in prison.
The International Federation of Human Rights has written to John Howard saying it is considering applying to the European Court of Human Rights if an amicable solution of the issue is not reached.
The federation claims the Government did not take into account factors including the hardship Burgess’s wife and three children would suffer if he was deported.
It is critical of Mr Ruddock’s conduct, saying he had not read recommendations made by his own officers and that there have been “substantial breaches of international legislation relating to this matter”, including breaches of the international convention on civil and political rights, the rights of children and “the psychological torture Mr Burgess, his children and his wife have been subjected to”.
The family has repeatedly appealed to Mr Ruddock, but has received little response.
The federation’s letter to the Prime Minister states: “These Australian children were ignored and denied the right to have received a reply from the duly elected minister … We strongly condemn the silence, attitude and handling of this case.”
Mrs Burgess said her children had been expecting their father home on his release in July last year. However, Mr Burgess was handcuffed and taken to the airport.
“Ruddock has punished the children by taking their father away,” she said. “He was always a good dad. Unfortunately he lost the plot for a time, but he didn’t deserve to be sentenced twice.”
Mr Burgess is now working as a marketing manager for a drug rehabilitation centre in London.