Than Htay, 50, a Burmese political asylum seeker fears he will be deported. His application to stay in Australia has been rejected seven times by the Department of Immigration and Citizenship.

Than Htay came to Sydney in 1996.

As a young man in Burma he was an active member of the Student Union. The union supports democratic leader and Noble Peace Laureate, Aung San Suu Kyi, who has been under house arrest for 11 of the last 17years, most recently since 2003.

Than Htay now fears that if he is forced to return, his activist past will lead to his arrest by the Burmese military regime.

As far back as 1974 when he was still at high school he joined the demonstrations by the students at the Rangoon Technology University. They were protesting the failure of the Burma Socialist Program Party (BSPP) government to honour the funeral of U Thant, the former UN General Secretary.

Than also witnessed the killing of many students by the military regime during the 8-8-88 nationwide uprising in 1988 in Burma.

“Many innocent students were shot in front me; most of them are young with no experience. They don’t know how to elude the gun shots. Fortunately, I was able to escape” he said.

Than continued to be involved in the democratic movement working secretly against the tyrannical government until he was finally forced to leave Burma in 1996. He said “In late 1995, Aung San Suu Kyi was released from house arrest. She gave a speech to the public every weekend outside her house. I participated in those events to support her but I was photographed by the regime’s intelligence agents. They followed me all the time. They threatened me and said I would be tortured because of my political activities. Fortunately, I came to Sydney before they arrested me”.

After staying in Sydney about six months, Than contacted Sydney based Burmese activists who oppose the military regime. He was advised that he should seek political asylum in Australia.

In 1998, his application for asylum was rejected by the Department of Immigration. Than could not prove that he is at risk of persecution if he returned to Burma. A letter from the Department told him that his case didn’t meet the protection obligations, under the terms of the 1951 UN Refugee Convention.

“I have very little hope. I cannot sleep at night because I am so worried about my case at immigration” said Than, the despair coming through in his voice.

Than said he was unfamiliar with the Australian system but believed that he was entitled to refugee status to remain in Australia. His case has gone through the process.  However, the Refugee Review Tribunal, a Federal Court, the Migrant Review Tribunal and the Minister have all rejected his application. Than’s situation is causing grave concern among the Burmese community in Sydney.

Professor Thann Naing, a Chairperson of the Burmese Community Welfare Group in Sydney said “Last year the Australian government deported the Burmese asylum seekers, they were persecuted by the military regime and one of them is dead. We try to help them as much as we can by contacting the immigration.”

Than said that because he was unaware of the need to submit a further application at one stage he ended up in Villawood Detection Centre for one month, in late 2003 as an illegal migrant.

“I didn’t realize that I was illegally living in Australia because my lawyer is  supposed to do everything for me as my sisters hired him to act on my case” said Than.

Than, said that prior to 2000 he worked as a cleaner at the international airport and he could support himself with that work. However his status was changed as he is now on a Bridging Visa E with no rights to work. He survives with a little support from his sisters and other friends.

He lived in South Sydney, but now: “I have no proper place; I just go door to door to get help from my friends, particularly my sisters. Despite the fact that they are coping with their families and other debts, they managed to spend a lot of money in hiring a lawyer for me, because they are so worried for me if I am deported to Burma I will be persecuted by the brutal regime” he said.

There are a number of people in the same position as Than Htay; some have been living in Sydney for more than ten years with no proper rights to work. They survive with a little support from friends and community organisations.

The Asylum Seekers Centre (TASC) at Surry Hills offers support with small amounts of money and free meals at the centre.  They also provide an English and computer basic class. Internet access is free at the centre. “We do not have enough money to support every person as our centre runs with the support of community people only” said a TASC’s spokesperson

At the centre Hlain Gyi, 45, tells the same story as Than Htay “I have been living in Sydney for 12 years, I was rejected many times and now my case is with the Minister. Recently, I got a permit to work, before I faced many problems for my day to day survival because I was not allowed to work for years. I was detained in Villawood for 11 months in 1995” said.

Another asylum seeker Tun Gyaing, 28, said “I had an accident and was hospitalised at West Ryde Hospital, but now I have no money as I am not allowed to work in Australia but luckily the community organizations help me with everything. I was rejected by immigration, tribunal and now my case is at federal, my Bridging Visa will be expired this month”.

Than Htay is still waiting for a response on his last application to stay in Australia.

He submitted it when Amanda Vanstone was minister of Immigration for her ministerial authority intervention. She did not make a decision on Than’s application, but handed his case over to the Department of Immigration.

Than Htay was granted a permanent residence visa on May 2, 2007 a month after writing this story.

 

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Interview:

This interview was conducted with Mr. Than Htay, a Burmese asylum seeker, after he received a Permanent Residence Visa (PRV) from The Department of Immigration and Citizenship in Australia. He was living under critical condition for 11 years sometime without work permit, he was detained one month in Villawood Detention Centre in Sydney, because he illegally stayed in Australia while he wasn’t aware that his bridging visa had expired. After he was released he had to deposit $10,000 Australian dollars along with a surety to immigration, he and his surety had to sign a register every week. He has now received a PRV and I interviewed him about his good news.

When did you get the visa?

Than: I got a Permanent Resident Visa by mail from immigration department in the first week of May this month (about 2/5/07 but can not remember exactly). I thought it was a normal mail from immigration or about the working permit that I requested. I was surprised when I open the mail and saw it was PRV

How did you feel when you realized that you were granted PRV?

Than: I felt I could release all my fear and stress that I had been suffered for the last 11 years since I first arrived in Australia. I am very happy that I can settle my life here in Australia unless Burma situation changes. I don’t how to express my feeling as you know it was 11 years long I was waiting to get this visa. I can start thinking my future now. My life just starts now

You were granted this visa from which department?

Than: The Department of Immigration and Citizenship granted me this visa. As you have already known I was rejected 9 times from immigration department to the end at secretary of the Federal Immigration Minister (Ms Amanda Vanstone’s secretary) and again the Federal Immigration Minister (Vanstone herself) denied to make decision and transferred my case back to immigration department where I first started log my application. Finally, I was granted by immigration department where I began my application

Under which obligation did they grant you?

Than: They mention in the letter that they assumed I am entitled to be granted so that they granted me. I am not so clear about that too.

Do you have any ideas why they just granted you this month and why not within the last 11 years?

Than: I don’t know exactly, there could be many reasons, maybe due to the election is coming soon as the government seem losing their votes or maybe they have some other pressures, like Burma situation under UN Security Council, US accepts many Karen refugees and Australia follows US policy all time. But I am not really sure about that.

What is your future plan now?

Than: Before I worked at Hotel in City in maintenance team, I can go back to work now as I am allowed to work. But my future main aim is to become an electrical engineer. I have a certificate of electrical engineer from Association Government Technical Institute (AGTI) in Rangoon, Burma. I will try to enquiry about whether this certificate is recognized in Australia or not. If it is not recognized then I will take that course until I can get the recognized one in Australia so that I can work as an electrical engineer for my future career. That is my future plan

Where do you live now?

Than: I live at my sister house at Westmead suburb, near Parramatta, western Sydney. My life just begin now, I will work and build my new life. After I save some money I will find a place for myself, I don’t want to rely on anyone.