AUSTRALIAN HIGH COMMISSION Migration Branch, Australia House, Strand, London WC2B 4LA www.australia.org.uk & www.immi.gov.au Fax 020 7465 8218

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17 January 2002

 

Mr. David Irving

81 Duke Street

Grosvenor Square

LONDON W1K 5PE

SH 8415 7325 7GB

 

Dear Mr. Irving

You are currently the applicant for a subclass 676 visa. It has come to the attention of the Department that this visa may be liable to refusal under section 501 of the Migration Act 1958 (the Act). The relevant grounds are subparagraphs 501(6)(c)(i) & (ii).

I have attached the full text of section 501 for your information at the end of this letter.

Before the Minister or his or her delegate considers whether to refuse your visa application under subsection 501(1), you are provided with an opportunity to comment. Matters to be taken into account include the following:

• 501(6)(c)(i) - the person's past and present criminal conduct -

  You were convicted in Germany in 1992 for 'defaming the memory of the dead', for which you were fined. In January 1993, a German Higher Court dismissed your appeal against the 1992 conviction, and increased the fine imposed. You were subsequently expelled from Germany in January [sic. November] 1993.

• 501(6)(c)(ii) - the person's past and present general conduct -

  - In November 1992 you were found to have lied on oath before a Canadian Immigration Adjudicator, and were subsequently deported from Canada;

  - In 1994, a British High Court judge found that you had given false evidence in seeking to purge your earlier contempt of the High Court;

  - An unpaid debt of $35,140.00 to the Australian Government for litigation costs awarded to the Minister.

In reaching a decision whether to refuse the visa application, the Minister or his or her delegate will have regard to the matters noted above and the attached Minister's Direction No. 21 under s499 of the Act, titled Direction - Visa Refusal and Cancellation under section 501 - No.21.

In preparing your comments please read fully and carefully the contents of the Minister's Direction. You should address each and every topic that you feel applies to you or is relevant to your circumstances. You may also wish to provide any further information that you feel the Minister or his/her delegate ought to be aware of and take into account.

Please provide any written comments and information to this office marked for my attention within 49 days from the date of this letter (that is, by 8 March 2002). You may respond by mail or facsimile to the address below. If you do not respond within the prescribed period, a decision on whether there are grounds to refuse your visa will be made using information already held by the Department.

The address to which you should convey your written response to this notice is:

By post:

Bruce Rundle

Migration Branch

Australia House

Strand

London WC2B 4LA

ENGLAND

By facsimile: 0207 465 8218

Yours sincerely

Bruce Rundle

Senior Migration Officer
Temporary Entry Section
Pn: 11602

[Hyperlinks inserted by this website]

 

David Irving comments.

A full reply will go to this agency within the time stipulated. As for the allegations levelled in this letter, I can state firmly that under 501(6)(c)(i) it is unlikely that the bulk of the Australian people will be satisfied with allowing the German government, with its laws for the suppression of free speech, to decide who can or cannot travel to Australia; while under 501(6)(c)(i), only the most odious of my enemies could read into the remarks of the quasi-legal gentleman in Canada and the judge in London the allegation that I had committed perjury -- an offence, the seriousness of which I am fully aware (unlike Prof Richard Evans and Prof Robert Van Pelt, two of my detractors).