Refugees win back right to protest at Logan Central

On 25 September 2024, Logan a/Magistrate Mark Whitbread overuled a refusal to allow refugees the right to protest outside the federal Treasurer’s office at Logan Central. This fresh authorisation allows refugees to put their demands for permanent protection visas to the public at Logan Central. Their protest holds government to account for its failings on human rights for refugees fleeing war and terror in other parts of the world.

This is a win for the Refugee Action Collective whose representative, Mark Gillespie, submitted a Notice of Intention to hold a protest outside the Member for Rankin, Jim Chalmer’s office from 26 September to 4 October 2024. Magistrate McKenzie had ordered on 20 September that refugees were not allowed to protest outside the Treasurer’s office and refugees were removed by Logan police from the bus stop nearby at 6:45 am on the following day.

Magistrate Whitbread ruled that:

1. People have a right to public assembly;
2. A Notice of Intention to hold a protest can cover a period of days – in this case, the period from 26 September till 4 October 2024;
3. The protest may be held for 12 hours EACH DAY commencing from 10.00 am and concluding at 10.00pm.

The magistrate did impose a number of restrictions on the protest, namely:
a. The number of participants be restricted to ensure the safety of the public travelling in that area (he did not specify any number).
b. No part of the assembly is to restrict or encroach on public access to the footpath or to encroach on the bus stop waiting area designated by the roofing over the bus stop.
c. No part of the assembly is to restrict or encroach on the ability of members of the public to safely assemble (at the bus stop) and (to) cross the public road at the pedestrian crossing.

The barrister representing Mark Gillespie from the Refugee Action Collective pointed out that the organisers had made sure they did not prevent the public from going about their business and that local people had participated in their activities over the 33 days that the protest had been ongoing during August and September 2024.

During the hearing acting Magistrate Whitbread made a claim that  “there is foundation in the current climate (that) may give concern to the public.” The Magistrate did not elaborate on what he meant. Strict rules of evidence are not observed during proceedings under the Peaceful Assembly Act. It seems that both Magistrates and police are free to bring their own set of biases to the hearing. And, worse still, to speak as if they are founded in fact.

Police made spurious and irrelevant reference to an act of self-immolation in Melbourne and alleged ‘there is threat of an act of a similar nature here’. Police also made reference in their affidavits submitted in court on the 20th of September before McKenzie SM and on 26 September to events unrelated to the current application.

The magistrate mentioned that there is little space near the bus stop on Wembly Road for a protest of 30 or 40 people. However he did say the assembly has been in place for some time and that there were no incidents during that period.

The Magistrate claimed that “the crux of the matter is that an assembly that can be confronting in this day and age, all over Australia, makes it difficult to control or manage.” He went on to claim that “this was not an assembly where there had been chanting or shouting” referring to the protests of the past month. The Magistrate is factually incorrect on this point. At times the refugees have chanted “we are people, not just cases“, “12 years (is) too long“, “give us a fresh start“, “justice now, no more delays” and “free the refugees.” These are all truthful statements and any attempt by the authorities to stop the refugees from chanting is an unjustified restriction on free speech.

However, the magistrate did allow the assembly from 10 am to 10pm each day. He restricted the assembly to the north west car park outside Jim Chalmers office. He did order that numbers to be restricted without being specific. He told the refugees in court: “Not to restrict the public at the bus stop or the pedestrian crossing.”

The magistrate made specific conditions that were already being followed by the assembly. He imposed a slight change to the location of the protest so that it is now out from under the awning at the end of the pathway.

The refugees were back protesting outside the office of the most senior Queensland MP in the Federal Parliament, Jim Chalmers. One witness said that the police are hellbent on stopping the protest 4 permanent visas. The law is currently stopping Logan Police from giving move on orders because the Peaceful Assembly Act of 1992 provides the refugees with immunity from the heavy hand of the police.

Free the refugees!

Ian Curr
26 September 2024

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