Vivian Solon
Encyclopedia
Vivian Alvarez Solon is an Australian who was unlawfully removed to the Philippines
by the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) in July 2001. In May 2005, it became public knowledge that she had been deported
, although DIMIA knew of its mistake in 2003. Solon's family had listed her as a missing person
since July 2003, and until May 2005, did not know that she had been deported. The circumstances surrounding Solon's unlawful deportation have caused much controversy in the Australian media.
In October 2005, a report on Solon's deportation was released, following an inquiry conducted by former Victoria Police
commissioner Neil Comrie
. The report revealed that several senior DIMIA officials in Canberra
knew about Solon's unlawful deportation in 2003 and 2004, and failed to act. It also found that Solon's mental and physical health problems were not given proper attention. Solon has since returned to Australia on 18 November 2005.
on 30 October 1962. On 26 May 1984, she married an Australian man, Robert Young, in the Philippines. She then changed her name to Vivian Solon Young. The two moved to Brisbane
, Queensland
, where Solon was naturalised
as an Australian on 3 March 1986. In 1990, the couple separated, and they divorced in 1993. After the divorce, Solon changed her name back to Vivian Alvarez Solon.
Between 1995 and 2000, Solon received treatment for mental health issues. She was diagnosed as suffering from a paranoid psychotic
condition, which affected her behaviour. During this time she developed a minor criminal record with the Queensland Police
, and was at one point taken into protective custody
by police in Brisbane, who were worried about the effects of her mental condition. On one occasion, her fingerprint
s were recorded and entered into the national law enforcement database, CrimTrac
.
City Hall childcare facility on 16 February 2001, but did not return to pick him up. Queensland
Premier, Peter Beattie
revealed on 6 May 2005, that her son, now nine, has been in foster care since.
At 11:47pm on the night of 30 March, ambulance services were called to a park in Lismore
, in the far north of New South Wales
. They found Solon next to an open drain in the park, suffering from head injuries. She also had difficulty moving her legs. She had most likely sustained these injuries after falling into the drain, although some media reports speculated that she had been in a car accident. To this day she claims she was knocked off a pushbike by a passing car, but the medical view has always been that she was bashed. She was taken to Lismore Base Hospital
, where she was treated for her injuries. She was soon moved to the psychiatric ward because she was behaving aggressively towards hospital staff, presumably due to her head injuries. A social worker Guing Coop who visited Solon at the hospital identified that she was of Filipino background, and suspected that she was an illegal immigrant. On this basis the social worker contacted the local branch of the Department of Immigration, Multicultural and Indigenous Affairs.
DIMIA officers first interviewed Solon on 3 May 2001. According to the Comrie report, the officers presumed that Solon was an illegal immigrant, and did not do proper background checks. On 12 July, Solon was transferred from the hospital to DIMIA custody, and taken to a motel in Brisbane. She told the officials that she was an Australian citizen, and did not want to leave the country, however she was ignored. On 17 July, Queensland Police
officially listed Solon as a missing person
, several months after she had failed to collect her son from childcare. However, this information was not picked up by DIMIA.
A representative from the Philippines
consulate in Brisbane visited Solon on 18 July. In the meeting Solon said that she had been married to an Australian man, a Mr Young, but this information was not passed on to DIMIA. The consulate refused to issue Solon with travel documents, because they did not consider her fit enough to travel (she was in a wheelchair at the time), and so DIMIA arranged for a different doctor to visit her. This doctor declared her fit to fly, and signed the medical certificate allowing Vivian Alvarez Solon to be deported. On 20 July Solon was escorted onto a plane by Queensland Police, and flown to Manila
. Handed over to Qantas
ground staff at the airport, she was eventually taken to a hospice run by the Catholic Church.
contacted DIMIA with an enquiry about Solon, who had been listed as a missing person for two years. Two DIMIA officers in Canberra
conducted searches of records, and made a match between Vivian Solon (as she was known to the missing persons authorities) and Vivian Alvarez (as she was known to DIMIA - Alvarez is her middle name). They told their supervisor (referred to in the Comrie Report as officer 'A') on 14 July that an Australian citizen had been deported, but the supervisor did nothing.
On 20 August 2003, an episode of the television program Without A Trace
was aired, which contained a Crime Stoppers
segment, with information about Solon and her photograph, at the conclusion of the program. One of the officers in Canberra (referred to in the Comrie Report as officer 'E') again told the supervisor, who again did nothing. At the same time, a DIMIA officer in Brisbane
who had worked on Solon's case in 2001 also saw the Crime Stoppers segment, and informed her supervisor. That supervisor also did nothing.
Officer 'E' decided to approach the Missing Persons Bureau directly. In September 2003, the Bureau approached the Department of Foreign Affairs and Trade
(DFAT) for help in searching for Solon. DFAT informed the Bureau that Solon had traveled to the Philippines. Eventually Solon's former husband, Robert Young, was informed where Solon was. Throughout early 2004, Young persisted in questioning the Bureau, until it eventually decided to contact DIMIA. The Bureau was put through to officer 'A' in Canberra (who had already been told twice of Solon's unlawful deportation). Officer 'A' then contacted the Brisbane office, and learned that other people there knew about the error made. However again no action was taken, and the Minister for Immigration at the time, Philip Ruddock
, was not informed.
On 4 April 2005, Young contacted the new Minister for Immigration, Senator Amanda Vanstone
, directly. Vanstone's office inquired into the case, and discovered what had happened to Solon. Solon's DIMIA case file was not stored with the normal case files, and was instead found separately, in the desk of one of officer 'A's subordinates. Vanstone then ordered the Australian Federal Police
(AFP), in cooperation with the National Bureau of Investigation (NBI) in the Philippines
, to locate Solon. NBI chief Ricardo Diaz reported on Lateline on 6 May 2005, that their search was unsuccessful after three weeks. Mr Diaz also claimed that the AFP was not forthcoming with information to locate Ms Solon.
While watching the news on ABC Asia Pacific, Catholic priest Father Mike Duffin, an Australian from Saint Vincent's Parish Church, watched reports about the hunt for Vivian Solon and wondered if the reports may have referred to a Vivian that was brought to the Mother Teresa Sisters, Missionaries of Charity
, in Olongapo City
by Australian representatives four years ago. He recognised her from the photo that was used in the report. Father Duffin was surprised that the Australian Government
was unaware of her location. Duffin said:
However, Senator Vanstone disputed Father Duffin's claims of prior knowledge by the Australian Government. She informed the media on 12 May 2005 that immigration records had no mention of Ms Solon being brought to a convent. Instead, her records showed that she was met at the airport by a woman from the Overseas Workers Welfare Association. Ms Vanstone also revealed that the files also showed that there was mention of a discussion with Solon on the possibility of her making contact with some nuns.
Following identification of Vivian Solon at the Mother Teresa Sisters, Missionaries of Charity, the Australian Government sent consular officials to confirm her identity. Senator Vanstone announced that if Ms Solon wished to return to Australia, the Australian Government would provide assistance for her to do so. There was speculation in the media that Solon did not want to return to Australia.
The social worker who was one of the last people given access to Ms Solon before her deportation said she had requested from Immigration the grounds for Solon's deportation.
While being escorted back to Manila by Australian Embassy officials on 13 May 2005, Ms Solon revealed that she was unaware that she had been deported. According to Solon, she was informed by Australian officials that she had to be sent to Philippines for treatment, and received travel assistance from them. She also indicated that she had informed Immigration Officers that she had an Australian passport, but was not carrying it at that time.
Lateline confirmed with the Department of Foreign Affairs and Trade on 14 May 2005 that Ms Solon had been issued a passport, valid at the time she was deported. Since Ms Solon has been an Australian, she was issued three passports, and had traveled on an Australian passport for ten years. Her last passport was issued on November 2000, but never collected.
in an immigration facility. Senator Vanstone decided that the case should be inquired into separately, and instructed the Commonwealth Ombudsman, Professor John McMillan
, to hold an investigation. The Ombudsman appointed Neil Comrie
, former Commissioner of the Victoria Police
, to conduct the investigation.
, called for a Royal Commission
into Solon's case, saying:
Premier of Queensland Peter Beattie
had also written to Prime Minister
John Howard
calling for a Royal Commission into Solon's deportation, and the detention of Cornelia Rau. According to Beattie, the framework of the Palmer inquiry did not provide sufficient legal protection, leading to the refusal of twelve Corrective Services staff to refuse to give testimony.
On 12 May 2005, Australian Democrats
Senator Andrew Bartlett
, with the support of the Australian Greens
and the Australian Labor Party
(ALP), initiated a debate in the Australian Senate
for a judicial inquiry or Royal Commission into the operation and administration of mandatory detention, deportation and enforcement. The government expressed a belief that was not necessary to rush into a judicial inquiry then, as the facts of the matters had not been determined by the Palmer Inquiry.
The inquiry concluded that DIMIA officials had simply acted on unfounded assumptions about Solon, rather than discovering real evidence. They assumed that Solon's surname was Alvarez (actually her middle name) and conducted their initial searches based on this name. As such, they found no record of her. There were eleven different spellings used by various officials, which also led to confusion. The initial investigation did not take into account the fact that Solon had been treated in the psychiatric ward in Lismore, which might have explained inconsistencies in evidence she gave to DIMIA officials.
Some key recommendations of the inquiry were:
The report also reaffirmed a number of the recommendations of the Palmer inquiry.
Labor
spokesperson for immigration, Tony Burke
called for Senator Vanstone to take responsibility for Solon's deportation, under the doctrine of ministerial responsibility
. However, Vanstone refused to resign, saying that the general presumption was that ministers should not be responsible for things they did not know about. She also said:
and/or the Department of Immigration.
Sydney
-based lawyer George Newhouse brought a legal team together including former Federal Court Judge and Human Rights and Equal Opportunity Commission president Marcus Einfeld
Q.C. and lawyer Harry Freedman, who travelled to Manila to discuss legal options with the Solon family.
Terry O'Gorman, President of the Australian Council for Civil Liberties
defended the urgency of legal action. He said:
On Vivian's return to Australia on 18 November 2005, Marcus Einfeld
Q.C. confirmed that Vivian's compensation would be determined by retired High Court Judge Sir Anthony Mason after Vivian and her legal team had reached agreement on the form of a private arbitration. As part of the deal the Commonwealth Government confirmed that it would care for Vivian until the arbitration process was completed.
On 30 November 2006, Sir Anthony Mason awarded Solon a compensation payout, reported by The Age
newspaper as A$
4.5 million, although the Australian Government refused to confirm the amount, citing privacy reasons.
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
by the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) in July 2001. In May 2005, it became public knowledge that she had been deported
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
, although DIMIA knew of its mistake in 2003. Solon's family had listed her as a missing person
Missing person
A missing person is a person who has disappeared for usually unknown reasons.Missing persons' photographs may be posted on bulletin boards, milk cartons, postcards, and websites, along with a phone number to be contacted if a sighting has been made....
since July 2003, and until May 2005, did not know that she had been deported. The circumstances surrounding Solon's unlawful deportation have caused much controversy in the Australian media.
In October 2005, a report on Solon's deportation was released, following an inquiry conducted by former Victoria Police
Victoria Police
Victoria Police is the primary law enforcement agency of Victoria, Australia. , the Victoria Police has over 12,190 sworn members, along with over 400 recruits, reservists and Protective Service Officers, and over 2,900 civilian staff across 393 police stations.-Early history:The Victoria Police...
commissioner Neil Comrie
Neil Comrie
Murray Neil Comrie AO, APM , known as Neil Comrie, is a former Australian police officer. He was Chief Commissioner of Victoria Police from 1993 to 2001.-Police career:...
. The report revealed that several senior DIMIA officials in Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
knew about Solon's unlawful deportation in 2003 and 2004, and failed to act. It also found that Solon's mental and physical health problems were not given proper attention. Solon has since returned to Australia on 18 November 2005.
Background
Vivian Alvarez Solon was born in the PhilippinesPhilippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
on 30 October 1962. On 26 May 1984, she married an Australian man, Robert Young, in the Philippines. She then changed her name to Vivian Solon Young. The two moved to Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
, Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, where Solon was naturalised
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
as an Australian on 3 March 1986. In 1990, the couple separated, and they divorced in 1993. After the divorce, Solon changed her name back to Vivian Alvarez Solon.
Between 1995 and 2000, Solon received treatment for mental health issues. She was diagnosed as suffering from a paranoid psychotic
Psychosis
Psychosis means abnormal condition of the mind, and is a generic psychiatric term for a mental state often described as involving a "loss of contact with reality"...
condition, which affected her behaviour. During this time she developed a minor criminal record with the Queensland Police
Queensland Police
The Queensland Police Service is the law enforcement agency responsible for policing the Australian state of Queensland. In 1990, the Queensland Police Force was officially renamed the Queensland Police Service and the old motto of "Firmness with Courtesy" was changed to "With Honour We Serve"...
, and was at one point taken into protective custody
Protective custody
Protective custody is a type of imprisonment to protect a prisoner from harm, either from outside sources or other prisoners. Many administrators believe the level of violence, or the underlying threat of violence within prisoners, is a chief factor causing the need for PC units...
by police in Brisbane, who were worried about the effects of her mental condition. On one occasion, her fingerprint
Fingerprint
A fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...
s were recorded and entered into the national law enforcement database, CrimTrac
CrimTrac
The CrimTrac Agency was established in July 2000 to facilitate data and information sharing within the Australian policing environment via new and existing information systems...
.
Deportation from Australia
According to a police report, Ms. Solon had left her five-year-old son at the BrisbaneBrisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
City Hall childcare facility on 16 February 2001, but did not return to pick him up. Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
Premier, Peter Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
revealed on 6 May 2005, that her son, now nine, has been in foster care since.
At 11:47pm on the night of 30 March, ambulance services were called to a park in Lismore
Lismore, New South Wales
Lismore is a subtropical town in northeastern New South Wales, Australia. Lismore is the main population centre in the City of Lismore local government area. Lismore is a regional centre in the Northern Rivers region of the State.-History:...
, in the far north of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. They found Solon next to an open drain in the park, suffering from head injuries. She also had difficulty moving her legs. She had most likely sustained these injuries after falling into the drain, although some media reports speculated that she had been in a car accident. To this day she claims she was knocked off a pushbike by a passing car, but the medical view has always been that she was bashed. She was taken to Lismore Base Hospital
Lismore Base Hospital
Lismore Base Hospital is the major referral public hospital for the far north coast of New South Wales and is located in the city of Lismore in New South Wales.The Lismore Cancer Care and Haematology unit is a service within this hospital....
, where she was treated for her injuries. She was soon moved to the psychiatric ward because she was behaving aggressively towards hospital staff, presumably due to her head injuries. A social worker Guing Coop who visited Solon at the hospital identified that she was of Filipino background, and suspected that she was an illegal immigrant. On this basis the social worker contacted the local branch of the Department of Immigration, Multicultural and Indigenous Affairs.
DIMIA officers first interviewed Solon on 3 May 2001. According to the Comrie report, the officers presumed that Solon was an illegal immigrant, and did not do proper background checks. On 12 July, Solon was transferred from the hospital to DIMIA custody, and taken to a motel in Brisbane. She told the officials that she was an Australian citizen, and did not want to leave the country, however she was ignored. On 17 July, Queensland Police
Queensland Police
The Queensland Police Service is the law enforcement agency responsible for policing the Australian state of Queensland. In 1990, the Queensland Police Force was officially renamed the Queensland Police Service and the old motto of "Firmness with Courtesy" was changed to "With Honour We Serve"...
officially listed Solon as a missing person
Missing person
A missing person is a person who has disappeared for usually unknown reasons.Missing persons' photographs may be posted on bulletin boards, milk cartons, postcards, and websites, along with a phone number to be contacted if a sighting has been made....
, several months after she had failed to collect her son from childcare. However, this information was not picked up by DIMIA.
A representative from the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
consulate in Brisbane visited Solon on 18 July. In the meeting Solon said that she had been married to an Australian man, a Mr Young, but this information was not passed on to DIMIA. The consulate refused to issue Solon with travel documents, because they did not consider her fit enough to travel (she was in a wheelchair at the time), and so DIMIA arranged for a different doctor to visit her. This doctor declared her fit to fly, and signed the medical certificate allowing Vivian Alvarez Solon to be deported. On 20 July Solon was escorted onto a plane by Queensland Police, and flown to Manila
Manila
Manila is the capital of the Philippines. It is one of the sixteen cities forming Metro Manila.Manila is located on the eastern shores of Manila Bay and is bordered by Navotas and Caloocan to the north, Quezon City to the northeast, San Juan and Mandaluyong to the east, Makati on the southeast,...
. Handed over to Qantas
Qantas
Qantas Airways Limited is the flag carrier of Australia. The name was originally "QANTAS", an initialism for "Queensland and Northern Territory Aerial Services". Nicknamed "The Flying Kangaroo", the airline is based in Sydney, with its main hub at Sydney Airport...
ground staff at the airport, she was eventually taken to a hospice run by the Catholic Church.
Discovery
In July 2003, the Missing Persons Bureau in QueenslandQueensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
contacted DIMIA with an enquiry about Solon, who had been listed as a missing person for two years. Two DIMIA officers in Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
conducted searches of records, and made a match between Vivian Solon (as she was known to the missing persons authorities) and Vivian Alvarez (as she was known to DIMIA - Alvarez is her middle name). They told their supervisor (referred to in the Comrie Report as officer 'A') on 14 July that an Australian citizen had been deported, but the supervisor did nothing.
On 20 August 2003, an episode of the television program Without A Trace
Without a Trace
Without a Trace is an American television drama which originally ran on CBS from September 26, 2002 to May 19, 2009. The series was set in New York City and concerned a fictitious FBI Missing Persons Unit.-Premise:...
was aired, which contained a Crime Stoppers
Crime Stoppers Australia
Crime Stoppers is a community policing initiative that commenced operation in the Australian state of Victoria in 1987, it has been operating Australia wide since 1998....
segment, with information about Solon and her photograph, at the conclusion of the program. One of the officers in Canberra (referred to in the Comrie Report as officer 'E') again told the supervisor, who again did nothing. At the same time, a DIMIA officer in Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
who had worked on Solon's case in 2001 also saw the Crime Stoppers segment, and informed her supervisor. That supervisor also did nothing.
Officer 'E' decided to approach the Missing Persons Bureau directly. In September 2003, the Bureau approached the Department of Foreign Affairs and Trade
Department of Foreign Affairs and Trade (Australia)
The Department of Foreign Affairs and Trade is a department of the government of Australia charged with advancing the interests of Australia and its citizens internationally...
(DFAT) for help in searching for Solon. DFAT informed the Bureau that Solon had traveled to the Philippines. Eventually Solon's former husband, Robert Young, was informed where Solon was. Throughout early 2004, Young persisted in questioning the Bureau, until it eventually decided to contact DIMIA. The Bureau was put through to officer 'A' in Canberra (who had already been told twice of Solon's unlawful deportation). Officer 'A' then contacted the Brisbane office, and learned that other people there knew about the error made. However again no action was taken, and the Minister for Immigration at the time, Philip Ruddock
Philip Ruddock
Philip Maxwell Ruddock is an Australian politician who is currently a member of the House of Representatives representing the Division of Berowra, New South Wales, for the Liberal Party of Australia...
, was not informed.
On 4 April 2005, Young contacted the new Minister for Immigration, Senator Amanda Vanstone
Amanda Vanstone
Amanda Eloise Vanstone is a former Australian politician and a former Ambassador to Italy. She was a Liberal Senator for South Australia from 1984 to 2007, and held several ministerial portfolios in the Howard Government. After her resignation from the Senate in 2007, she served as the Australian...
, directly. Vanstone's office inquired into the case, and discovered what had happened to Solon. Solon's DIMIA case file was not stored with the normal case files, and was instead found separately, in the desk of one of officer 'A's subordinates. Vanstone then ordered the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
(AFP), in cooperation with the National Bureau of Investigation (NBI) in the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, to locate Solon. NBI chief Ricardo Diaz reported on Lateline on 6 May 2005, that their search was unsuccessful after three weeks. Mr Diaz also claimed that the AFP was not forthcoming with information to locate Ms Solon.
While watching the news on ABC Asia Pacific, Catholic priest Father Mike Duffin, an Australian from Saint Vincent's Parish Church, watched reports about the hunt for Vivian Solon and wondered if the reports may have referred to a Vivian that was brought to the Mother Teresa Sisters, Missionaries of Charity
Missionaries of Charity
Missionaries of Charity is a Roman Catholic religious congregation established in 1950 by Mother Teresa of Calcutta, which consists of over 4,500 sisters and is active in 133 countries...
, in Olongapo City
Olongapo City
The City of Olongapo is a highly urbanized city located in the province of Zambales, Philippines. According to the latest census, it has a population of 227,270 people in 50,300 households.-History:...
by Australian representatives four years ago. He recognised her from the photo that was used in the report. Father Duffin was surprised that the Australian Government
Government of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...
was unaware of her location. Duffin said:
"They are the ones who told her before she left Australia she was coming to the mission, coming to Mother Teresa Sisters, and then when they brought her, they left her at the Mother Teresa Sisters, Missionaries of Charity."
"So I find it very hard that they don't know where they left her, do they have no records or do people forget things as soon as they do them?"
However, Senator Vanstone disputed Father Duffin's claims of prior knowledge by the Australian Government. She informed the media on 12 May 2005 that immigration records had no mention of Ms Solon being brought to a convent. Instead, her records showed that she was met at the airport by a woman from the Overseas Workers Welfare Association. Ms Vanstone also revealed that the files also showed that there was mention of a discussion with Solon on the possibility of her making contact with some nuns.
Following identification of Vivian Solon at the Mother Teresa Sisters, Missionaries of Charity, the Australian Government sent consular officials to confirm her identity. Senator Vanstone announced that if Ms Solon wished to return to Australia, the Australian Government would provide assistance for her to do so. There was speculation in the media that Solon did not want to return to Australia.
Media controversy
An anonymous senior immigration official reported to Lateline that Solon's situation was due to a systemic problem in the Department of Immigration and Multicultural and Indigenous Affairs. Lateline reported that the official said:"In the compliance area, people on the whole are a bunch of cowboys, under so much pressure to deport people. All proper processes have broken down. They put their energy into picking up people and deporting them without proper investigation."
The social worker who was one of the last people given access to Ms Solon before her deportation said she had requested from Immigration the grounds for Solon's deportation.
"This one, it just really baffled me because they said they couldn't find any paperwork or documentation about her."
While being escorted back to Manila by Australian Embassy officials on 13 May 2005, Ms Solon revealed that she was unaware that she had been deported. According to Solon, she was informed by Australian officials that she had to be sent to Philippines for treatment, and received travel assistance from them. She also indicated that she had informed Immigration Officers that she had an Australian passport, but was not carrying it at that time.
Lateline confirmed with the Department of Foreign Affairs and Trade on 14 May 2005 that Ms Solon had been issued a passport, valid at the time she was deported. Since Ms Solon has been an Australian, she was issued three passports, and had traveled on an Australian passport for ten years. Her last passport was issued on November 2000, but never collected.
Comrie inquiry
The Solon case was initially referred to the Palmer inquiry, which was set up to inquire into the unlawful detention of Cornelia RauCornelia Rau
Cornelia Rau is a German citizen and Australian permanent resident who was unlawfully detained for a period of ten months in 2004 and 2005 as part of the Australian Government's mandatory detention program.- Overview :...
in an immigration facility. Senator Vanstone decided that the case should be inquired into separately, and instructed the Commonwealth Ombudsman, Professor John McMillan
John McMillan
John McMillan may refer to:* John McMillan , Alabama Commissioner of Agriculture and Industries-Elect, former leader of Alabama Forestry Association & Commissioner of Alabama Department of Conservation & Natural Resources...
, to hold an investigation. The Ombudsman appointed Neil Comrie
Neil Comrie
Murray Neil Comrie AO, APM , known as Neil Comrie, is a former Australian police officer. He was Chief Commissioner of Victoria Police from 1993 to 2001.-Police career:...
, former Commissioner of the Victoria Police
Victoria Police
Victoria Police is the primary law enforcement agency of Victoria, Australia. , the Victoria Police has over 12,190 sworn members, along with over 400 recruits, reservists and Protective Service Officers, and over 2,900 civilian staff across 393 police stations.-Early history:The Victoria Police...
, to conduct the investigation.
Criticism of the inquiry
The decision to hold a non-judicial inquiry was criticised by certain groups, who did not believe that it had sufficient powers to compel witnesses to testify. Dr Sev Ozdowski, a commissioner on the Human Rights and Equal Opportunity CommissionHuman Rights and Equal Opportunity Commission
The Australian Human Rights Commission is a national human rights institution, a statutory body funded by, but operating independently of, the Australian Government. It has the responsibility for investigating alleged infringements under Australia’s anti-discrimination legislation...
, called for a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
into Solon's case, saying:
"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.
"So, it could be a judicial inquiry, it could be a Royal Commission, it could be some other form of inquiry but it's important that it's an independent inquiry with access to both witnesses and information."
Premier of Queensland Peter Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
had also written to Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
calling for a Royal Commission into Solon's deportation, and the detention of Cornelia Rau. According to Beattie, the framework of the Palmer inquiry did not provide sufficient legal protection, leading to the refusal of twelve Corrective Services staff to refuse to give testimony.
On 12 May 2005, Australian Democrats
Australian Democrats
The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader...
Senator Andrew Bartlett
Andrew Bartlett
Andrew John Julian Bartlett is an Australian politician. He was formerly an Australian Democrats member of the Australian Senate from 1997 to 2008, representing the state of Queensland. He was the leader of the Democrats from 2002 to 2004, and deputy leader from 2004 to 2008.-Early life and...
, with the support of the Australian Greens
Australian Greens
The Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
and the Australian Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
(ALP), initiated a debate in the Australian Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
for a judicial inquiry or Royal Commission into the operation and administration of mandatory detention, deportation and enforcement. The government expressed a belief that was not necessary to rush into a judicial inquiry then, as the facts of the matters had not been determined by the Palmer Inquiry.
Report of the inquiry
The report was completed on 26 September 2005, and was released on 6 October. The report was strongly critical of DIMIA, concluding that a combination of incompetence, inadequate training, improper data systems and poor management led to Solon's deportation. The report found that DIMIA had not investigated Solon's case properly before it decided to deport her. The only evidence in Solon's file which seemed to indicate that she was not legally in Australia was a handwritten note, which was not dated or signed by anyone, which stated:"Smuggled into Australia as a sex slaveSexual slaverySexual slavery is when unwilling people are coerced into slavery for sexual exploitation. The incidence of sexual slavery by country has been studied and tabulated by UNESCO, with the cooperation of various international agencies...
. Wants to return to the Philippines. Has been physically abused."
The inquiry concluded that DIMIA officials had simply acted on unfounded assumptions about Solon, rather than discovering real evidence. They assumed that Solon's surname was Alvarez (actually her middle name) and conducted their initial searches based on this name. As such, they found no record of her. There were eleven different spellings used by various officials, which also led to confusion. The initial investigation did not take into account the fact that Solon had been treated in the psychiatric ward in Lismore, which might have explained inconsistencies in evidence she gave to DIMIA officials.
Some key recommendations of the inquiry were:
- that the negative culture in the Compliance division of DIMIA be redressed;
- that DIMIA should review its information systems;
- that all staff should be instructed to take more care when performing their duties, and not act on the basis of assumptions;
- that all immigration detainees should be provided with adequate healthcare services.
The report also reaffirmed a number of the recommendations of the Palmer inquiry.
Response to the report
Following the release of the report, Senator Vanstone announced that A$50.3 million would be spent on a College of Immigration, Border Security and Compliance in order to train DIMIA staff. A$17.9 million would also be spent on improving healthcare services at immigration facilities.Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
spokesperson for immigration, Tony Burke
Tony Burke
Anthony Stephen 'Tony' Burke is an Australian politician representing the Labor Party, and the current Minister for Sustainability, Environment, Water, Population and Communities . He first entered public office in 2003 as a member of the New South Wales Legislative Council...
called for Senator Vanstone to take responsibility for Solon's deportation, under the doctrine of ministerial responsibility
Ministerial responsibility
Ministerial responsibility or individual ministerial responsibility is a constitutional convention in governments using the Westminster System that a cabinet minister bears the ultimate responsibility for the actions of their ministry or department...
. However, Vanstone refused to resign, saying that the general presumption was that ministers should not be responsible for things they did not know about. She also said:
"I'm thinking of trying to buy the copyright on Elton JohnElton JohnSir Elton Hercules John, CBE, Hon DMus is an English rock singer-songwriter, composer, pianist and occasional actor...
's song I'm Still Standing, but I don't want to tempt fate. So I'll just play it to myself quietly at night."
Compensation claims
Before Ms Solon's return to Australia, there was speculation in both the media and in the legal community about the possibility of a compensation claim being brought by her against the Commonwealth GovernmentGovernment of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...
and/or the Department of Immigration.
Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
-based lawyer George Newhouse brought a legal team together including former Federal Court Judge and Human Rights and Equal Opportunity Commission president Marcus Einfeld
Marcus Einfeld
Marcus Richard Einfeld is a retired Australian justice of the Federal Court of Australia and the Supreme Courts of New South Wales, Western Australia and the Australian Capital Territory; a former President of the Human Rights and Equal Opportunity Commission; a UNICEF Ambassador for Children; a...
Q.C. and lawyer Harry Freedman, who travelled to Manila to discuss legal options with the Solon family.
Terry O'Gorman, President of the Australian Council for Civil Liberties
Australian Council for Civil Liberties
The Australian Council for Civil Liberties is a Civil Liberties group based in Australia. The president of this organisation is currently Terry O'Gorman who is also the vice president of the Queensland Council for Civil Liberties....
defended the urgency of legal action. He said:
Only the Federal Government having to pay out money and having to defend a court case will bring home to the Federal Immigration Minister, and the Prime Minister, that rights and principles are there to be observed. Criticism of this government over its immigration policy is simply waived away; only when they have to pay money will they sit up and take notice.
On Vivian's return to Australia on 18 November 2005, Marcus Einfeld
Marcus Einfeld
Marcus Richard Einfeld is a retired Australian justice of the Federal Court of Australia and the Supreme Courts of New South Wales, Western Australia and the Australian Capital Territory; a former President of the Human Rights and Equal Opportunity Commission; a UNICEF Ambassador for Children; a...
Q.C. confirmed that Vivian's compensation would be determined by retired High Court Judge Sir Anthony Mason after Vivian and her legal team had reached agreement on the form of a private arbitration. As part of the deal the Commonwealth Government confirmed that it would care for Vivian until the arbitration process was completed.
On 30 November 2006, Sir Anthony Mason awarded Solon a compensation payout, reported by The Age
The Age
The Age is a daily broadsheet newspaper, which has been published in Melbourne, Australia since 1854. Owned and published by Fairfax Media, The Age primarily serves Victoria, but is also available for purchase in Tasmania, the Australian Capital Territory and border regions of South Australia and...
newspaper as A$
Australian dollar
The Australian dollar is the currency of the Commonwealth of Australia, including Christmas Island, Cocos Islands, and Norfolk Island, as well as the independent Pacific Island states of Kiribati, Nauru and Tuvalu...
4.5 million, although the Australian Government refused to confirm the amount, citing privacy reasons.
See also
Other prominent immigration cases in Australia:- Cornelia RauCornelia RauCornelia Rau is a German citizen and Australian permanent resident who was unlawfully detained for a period of ten months in 2004 and 2005 as part of the Australian Government's mandatory detention program.- Overview :...
- Robert JovicicRobert JovicicRobert Jovicic was a long-time resident of Australia who was deported to the Federal Republic of Yugoslavia where he became destitute in 2005.Jovicic was born on December 4, 1966 in France of Serbian parents...
- Stefan NystromStefan NystromStefan Nystrom was a long-time resident of Australia who was deported to Sweden in controversial circumstances in 2006.- Life :Nystrom was born on 31 December 1973 in Sweden. His mother was an Australian resident but was visiting her parents in Sweden in the late stages of her pregnancy. She...
2000
- 24 November 2000 - The Department of Foreign Affairs and Trade issues Vivian Solon her third passport. It is never collected.
2001
- 16 February 2001 - Vivian Solon leaves her son at a childcare facility in Brisbane but does not return to pick him up.
- 31 March 2001 - Vivian Solon is discovered suffering from head injuries in a park in Lismore, northern New South Wales. Hospital staff could not confirm her identity, and she was brought to the attention of DIMIA officers.
- 3 May 2001 - DIMIA conducts first interview with Vivian Solon.
- 17 July 2001 - The Queensland Department of Family Services reports Vivian Solon as a missing person to the Queensland Police.
- 20 July 2001 - Vivian Solon is deported from Australia to Manila. Qantas ground staff take her to the Overseas Workers Welfare Association.
- September 2001 - Vivian Solon is admitted into the ward for the destitute and the dying at the Mother Teresa Sisters, Missionaries of Charity.
2003
- July 2003 - Following a query from the Queensland Police Missing Persons Bureau, two DIMIA officers finally match the name "Vivian Alvarez" to the database record for "Vivian Solon Young". They inform their manager that an Australian citizen may have been unlawfully deported, but no further action is taken.
- 20 August 2003 - A missing persons bulletin featuring Vivian Solon is shown after the TV program Without a TraceWithout a TraceWithout a Trace is an American television drama which originally ran on CBS from September 26, 2002 to May 19, 2009. The series was set in New York City and concerned a fictitious FBI Missing Persons Unit.-Premise:...
. Ms Solon is recognised by several DIMIA officers involved in her 2001 deportation, who report the situation to their managers. Once again, nothing further is done to resolve the matter.
2005
- 8 May 2005 - Australian priest, Father Mike Duffin recognises Vivian Solon's story from a news program on ABC Asia Pacific
- 11 May 2005 - Senator Kerry NettleKerry NettleKerry Michelle Nettle is a former Australian Senator and member of the Australian Greens in New South Wales. Elected at the 2001 federal election on a primary vote of 4.36 percent with One Nation and micro-party preferences, she failed to gain re-election at the 2007 federal election, despite an...
(with the support of the ALPAustralian Labor PartyThe Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
and Australian DemocratsAustralian DemocratsThe Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader...
) moves a motion to censure Senator Vanstone over the failure to inform family members of the missing persons match in 2003. - 12 May 2005 - Solon reunited with sister, Cecile Solon.
- 13 May 2005 - Solon escorted back to Manila by Australian Embassy officials to receive medical attention
- 13 May 2005 - The Department of Foreign Affairs and Trade confirms that Vivian held a passport at the time of her deportation.
- 14 July 2005 - Report on the Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau (the Palmer Report) released. Primarily dealing with the Cornelia Rau case, the report also contains preliminary comments and findings regarding the Solon case.
- 6 October 2005 - Report on the Inquiry into the circumstances of the Vivian Alvarez matter (the Comrie Report) released.
- 18 November 2005 - Solon returns to Australia and is compensated by the Australian government in the form of a care package.
2006
- 30 November 2006 - Solon is awarded a compensation package by the Australian government, believed to be A$4.5 million.
External links
- Report of Inquiry into the Circumstances of the Vivian Alvarez Matter
- Report of Palmer Inquiry into the Cornelia Rau Matter
- 2005 Human Rights Medal and Awards: Television Award Human Rights and Equal Opportunity CommissionHuman Rights and Equal Opportunity CommissionThe Australian Human Rights Commission is a national human rights institution, a statutory body funded by, but operating independently of, the Australian Government. It has the responsibility for investigating alleged infringements under Australia’s anti-discrimination legislation...
(Retrieved 11-August-2007)