The Minister for Immigration Andrew Giles has asked to be briefed by the Department of Home Affairs on why a Indonesian man was detained for three days after arriving in Australia on a tourist visa before being sent back home.
For Endo Simanjuntak, having a dream holiday end so abruptly has left him feeling traumatised as he and his family continue to question how the visit could have gone so wrong.
The 27-year-old arrived at Perth airport on a late-night flight on 16 August, excited in anticipation of a reunion with his brother Jefrie, sister-in-law Ellie and their four-year-old daughter.
His niece was waiting to greet him upon his arrival with a handwritten sign that read: “Welcome Uda [uncle] Endo” - its letters crafted in coloured pencils.
Endo's niece with the sign welcoming him to Australia. Source: Supplied
The decision also means Endo is now banned from travelling to Australia for three years.
“[I] am still very sad because my visa is banned,” Endo — who doesn’t speak English fluently — told SBS News through his brother Jefrie, acting as an interpreter.
“[I] feel very very sad … because I couldn’t see [my family].”
I feel very very sad ... because I couldn't see my familyEndo Simanjuntak
Endo was deported for what the Department of Home Affairs described as a personal admission that he intended to undertake “work as a plasterer” during his stay - in contradiction to the conditions of his visitor visa (subclass 600), which is intended for the sole purpose of tourism.
Endo came to Australia to visit his sister-in-law Ellie, four-year-old niece and brother Jefrie. Source: Supplied
But its justification is firmly disputed by Endo and his family, who say he never intended to work in Australia and wasn't given access to an interpreter during an airport interrogation conducted by ABF officials that sealed his fate.
A Department of Home Affairs document outlining the reasoning behind Endo's tourist visa cancellation. Source: Supplied
In a statement, a government spokesperson told SBS News the Minister for Immigration Andrew Giles had sought further information about the case.
"While the Minister is unable to comment on individual cases due to privacy obligations, he is aware of the issues raised in this article and has sought a briefing from the Department of Home Affairs on the matter," they said.
"The Albanese Government is committed to a migration program free from discrimination based on race, ethnicity, language, sexuality, gender or religion."
In a statement, a spokesperson for ABF said: "every traveller who enters Australia and undertakes a border clearance interview is offered the service of an interpreter if they are not confident communicating in English".
The ABF does not comment on individual cases due to privacy obligations.
A dream holiday goes wrong
Endo had travelled to Perth from his village on the Indonesian island of Sumatra, where he works at a restaurant. The trip was the first time he had been overseas.
The tourist visa he used for the trip had already been approved for use by authorities in Australia, with its cost sponsored by his brother and sister-in-law.
The visitor visa (subclass 600) is for tourists, business visitors or people looking to visit family for three, six or 12 months and can cost up to $380.
Endo with his niece in Indonesia. Source: Supplied
Endo was planning to stay for three months.
The visa is different to the Visitor (Subclass 651) visa which allows people to visit Australia for less than three months - that visa is not available to Indonesian nationals according to The Department of Home Affairs.
Endo said he began to face questions from ABF officials over the reason for his visit to Australia upon his arrival in Perth.
“When [I] arrived in the airport - [the ABF officer] asked [me] straight away 'what are [you] here for?'" Endo said. "[I] said 'I’m here for a holiday.'”
Endo said he was then asked to show ABF officials his bank account balance to demonstrate how he intended to support himself during his stay.
Endo (second from right) with his sister-in-law Ellie (far right) and his brother Jefrie (far left) on the Indonesian island of Sumatra. Source: Supplied
Endo said he told the ABF officials his family intended to cover the cost of his trip during his stay.
“[I] said to them, 'I don’t need money because my brother and also my sister-in-law will pay for everything once [I am] here.'”
According to Endo, he was then taken into a room for further questioning from ABF officials who were unsatisfied with his response to their initial inquiries.
“He took [me] to a room and then asked him the same questions again: 'What are you here for?'” Endo said.
“[He said] 'you must be here for work', and then [I] said, 'no. I am here for a holiday.'”
The key question
From here, Endo’s account of what happened during the interrogation disputes what is outlined in the department’s official reasoning for its decision.
The document states: “during a formal interview with an Australian Border Force Officer you stated that you are here for a holiday and also to undertake work as a plasterer”.
”Based on the verbal admissions from the visa holder, I am satisfied the visa holder is not travelling for the tourism purpose for which the visa was granted”.
Endo said he made no such admission and claims despite telling the officials he doesn’t speak good English, he says he was not provided with an interpreter to assist him.
He said he kept being asked if he intended to work in Australia.
“They asked [me] the same question and pushed [me] and then [I] got scared,” he said.
“They are asking [me] - 'no you must be working in here for your brother?'”
“[I] was saying 'yes my brother is a plasterer.'”
Endo said he told ABF officials he would be "working around the house, doing the cleaning and also [looking] after [his brother's] daughter," but he never said he would be working as a plasterer.
Endo does not have any qualifications as a plasterer.
“[I] get confused because [I] don’t speak English,” he said.
Department of Home Affairs documentation for the cancellation states that an interpreter was “not used” in the interview with Endo.
'Why was he targeted?'
As Endo was in the interrogation, his sister-in-law Ellie said the family waiting at the airport became anxious as time elapsed and there was no sign of him. She said ABF officers then came out to ask them directly about Endo’s visit to Australia. The appearance of the officials raised the family's concern.
It was then Ellie said the family also told ABF officials directly about Endo’s requirement for an interpreter to assist him.
“I said to them 'is there an interpreter?'”
“They said, 'there is no interpreter'. I said, 'well he can’t speak English.'”
Endo with his sister-in-law, brother and niece in Indonesia. Source: Supplied
“They called me and said 'his visa's been cancelled and that’s the end of the story.'”
Ellie said the family were left "shocked" by the decision.
“Why was he targeted? And why wasn’t he given an interpreter and why wouldn’t they listen to him? I cannot believe this could happen to people.”
After his visa was cancelled, Endo was placed in detention at the Aloft Perth hotel for three days until he could be deported back to Indonesia. Ellie said the family went to the hotel to wave to him through the window but was never given permission to see him in person, despite their requests to do so.
Tourist visa cancellations
SBS News has obtained data from the Department of Home Affairs about the number of tourist visa cancellations as a result of an interview with ABF officials.
The figures show that from 1 July 2017 to 30 June 2022 there have been 8,079 such decisions across all tourist visa categories primarily for alleged breaches of visa conditions.
Source: SBS News
The number of cancellations has been significantly limited in recent years by the COVID-19 pandemic. They reached 3,844 during the 2017-18 financial year, but declined to 1,467 in 2019-2022, fewer than five in 2020-21 and fewer than 70 in 2021-2022.
International arrivals were banned from entering Australia without an exemption from March 2020 to February 2022 because of the border closure.
Around 12,000 Indonesian passport holders have arrived at Perth Airport since March.
Allegations of racism
In a recent separate case in September, the Department of Home Affairs was forced to admit a “jurisdictional error” in relation to a decision after
Immigration officials had informed the men that their visas had been cancelled because they had not travelled with their “stated travel companions” as mentioned in their visa application. But the officials later conceded before a Melbourne bench of the Federal Circuit Court that the decision to cancel their visas was affected by a “jurisdictional error”.
Suresh Rajan, president of the Ethnic Communities Council of Western Australia, said he was worried about a "concerning trend" from ABF in relation to its approach to cancellations of tourist visas.
"It does not appear that they are applying these rules to anyone who's coming from a white Anglo-Celtic background," he said.
"It is simply that they are applying these rules to people who may be of darker skin or from a culturally diverse background.
“That is a real concern - it really needs to be addressed very quickly."
In a statement, the spokesperson for ABF said it "fundamentally [rejects] suggestions made in media reporting today that decisions in relation to a traveller’s visa are in any way influenced by the person’s cultural or linguistic background".
"Each case is decided on its individual merits according to law.
"We remind non-citizens who travel to Australia with the intention to work that they need to ensure they are travelling on the appropriate visa."
, Mr Giles said he wanted his legacy as Immigration Minister to be a migration program that had a "clear sense" of the "nation-building" value of immigration to Australia and the "enormous" contribution it makes.
Like many families with relatives overseas, Endo had been unable to travel to see his brother, sister-in-law and niece because of travel restrictions during the pandemic.
Ellie said she also now has the medical condition chronic vertigo meaning she is discouraged from flying - making travel to Indonesia difficult.
Endo said he just hopes his visa cancellation and three-year ban can be overturned so he can spend time with his family.
“[I] hope that [I] will come back again like normal so [I] can visit here in Australia,” he said.
Update: Endo's family told SBS News they have been advised that the Minister for Immigration was briefed on the case and that no review will take place. SBS News contacted Mr Giles' office to confirm the status of Endo's case, but was told the minister does not comment on individual cases.
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