mainstream media reports of eyewitness accounts of people missing from a boat that foundered; or multiple media reports of people contacting media or government about missing relatives or friends who had informed them they were embarking on a specific people smuggling journey which is believed to have foundered.

4 For the purposes of this table deaths are considered ‘doubtful’ when there are mainstream Australian media reports of drownings based primarily on information from the Minister for Immigration but an absence of media reports of people contacting media or government about missing relatives or friends who had informed them they were embarking on a specific people smuggling journey.

5 For the purposes of this table deaths are considered ‘disproven’ when mainstream Australian media reports of drownings based on information from the Minister for Immigration are later invalidated by Australian Government official record of safe arrival.

6 Answers to Questions taken on notice by DIMA from Committee Hearing on 30 January 2001 - 'Joint Committee Of Public Accounts And Audit - Inquiry Into Coastwatch' - and provided to the Senate in March 2001 - p.6. Copy available online at: http://sievx.com/articles/psdp/200103xxDIMA- ToCoastwatchInquiry.pdf

7 Ibid.

8 Ibid.

9 The reasons for questioning whether three boats were lost at sea in March-April 2000 are twofold. Firstly, towards the end of the same year, the Immigration Minister at the time prematurely declared two other boats to be missing with all on board presumed dead. These two boats later turned up; see endnote no.12 below. Secondly, Ghassan Nakhoul describes the government’s haste in declaring these boats missing as 'a wishful sinking fantasy' and describes how he (Nakhoul) was challenged at the time by one of his most reliable sources from the Arabic-speaking community regarding the veracity of the claims that the boats from early 2000 were actually missing. Nakhoul quotes his source as saying: 'Suppose that a couple of hundred of boat people really drowned while trying to get here... Why haven't we heard anything from the community... Believe me... if something like this happens it'll be a big mess here. There will be wailing and mourning all over the place.' Ghassan Nakhoul, Overboard, Dar Meera, 2011, pp.119-121. There is a sharp contrast between the reportage of the two missing boats from 2009 and 2010 with that of the alleged missing boats from early 2000. The 2009 and 2010 reportage includes multiple quotes from friends and family of the missing as well as photos – in particular there is a front page article in the Sun Herald (‘Extra’ section) of 8 May 2011 that includes more than 30 photos of passengers who embarked on the missing boat from 2010. The reportage from 2000 does not include photos of the missing or quotes from friends and relatives. Cf. endnotes nos. 20 and 24 below with the following news articles and media release from 2000:

Tony Wright, '220 boat people feared drowned', Age, 12 April 2000; copy online at: http://sievx.com/articles/background/20000412_Age.html

‘More Than 250 Boat People Believed Drowned‘, DIMA Media Release, 13 April 2000; copy online at: http://sievx.com/articles/background/20000413DIMAMediaRelease.html

Andrew Clennell, 'Hope fades for missing boat people', SMH, 13 April 2000; copy online at: http://sievx.com/articles/background/20000413_SMH.html

Brendan Nicholson, 'Hundreds die tied up to hulks', Sunday Age, 23 July 2000; copy online at: http://sievx.com/articles/background/20000723_Age.html

See also article from December 2000 by Andrew Clennell which questions whether these boats are missing: Andrew Clennell, 'Minister's reports of 500 deaths premature', SMH, 18 December 2000; copy online at: http://sievx.com/articles/background/20001218MinistersReportsPremature.html

10 Ibid.

11 Ibid.

12 'It has now been ascertained from interviews concluded this week with recent boat arrivals that all missing and overdue vessels have now arrived safely... All reports from the Australian community of missing persons were followed through, with names then checked off against the nominal rolls of incoming boats, until all names were accounted for.' See Amanda Vanstone, Answer to Question on Notice no.3241, 'Refugees Boat Sinkings', Senate Hansard, 6 February 2001, pp.21436-7; online at: http://www.aph.gov.au/hansard/senate/dailys/ds060201.pdf Copy of extract online at: http://sievx.com/articles/background/QoN-3241-20010206.pdf

See also:

'Boats Feared Missing Accounted for in Christmas Influx', DIMA Media Release, 3 January 2001, copy online at: http://sievx.com/articles/background/20010103DIMAMediaRelease.html

Andrew Clennell, 'Minister's reports of 500 deaths premature', SMH, 18 December 2000; copy online at: http://sievx.com/articles/background/20001218MinistersReportsPremature.html

For earlier articles and press releases citing this boat and another as missing or lost, see for example: 'Up to 163 Boatpeople Feared Drowned En Route to Australia', DIMA Media Release, 13 December 2000; copy online at: http://sievx.com/articles/background/20001213DIMAMediaRelease.html

2

Michael Vincent, 'Ruddock defends inaction on refugees lost at sea', The World Today, 14 December 2000; copy of transcript online at: http://sievx.com/articles/background/20001214WorldToday.html Andrew Clennell, 'Not our job: no search as 160 boat people lost at sea', SMH, 14 December 2000; copy online at: http://sievx.com/articles/background/20001214NotOurJob.html

13 Ibid.

14 Answers to Questions taken on notice by DIMA from Committee Hearing on 30 January 2001 - 'Joint Committee Of Public Accounts And Audit - Inquiry Into Coastwatch' - and provided to the Senate in March 2001 - p.6. Copy available online at: http://sievx.com/articles/psdp/200103xxDIMA- ToCoastwatchInquiry.pdf

See also:

Amanda Vanstone, Answer to Question on Notice no.3241, 'Refugees Boat Sinkings', Senate Hansard, 6 February 2001, pp.21436-7

online at: http://www.aph.gov.au/hansard/senate/dailys/ds060201.pdf Copy of extract online at: http://sievx.com/articles/background/QoN-3241-20010206.pdf

'Possible drownings highlight dangers of illegal travel', DIMA Media Release, 22 December 2000 copy online at: http://sievx.com/articles/background/20001222DIMAMediaRelease.html

15 Senate Select Committee on A Certain Maritime Incident, 2002; online at: http://www.aph.gov.au/senate/committee/maritime_incident_ctte/

A comprehensive archives of documents on the SIEVX sinking is available online at: http://sievx.com ; See in particular:

http://sievx.com/articles/disaster/ http://sievx.com/chronology/ http://sievx.com/FAQ.shtml

16 David Marr & Marian Wilkinson, Dark Victory, 2nd edition, Allen & Unwin, 2004, p.328; 'To Deter and Deny', Four Corners, 15 April 2002; copy of transcript online at: http://sievx.com/articles/psdp/20020415FourCorners.html

17 Senator Chris Ellison, Answer to Question on Notice, no.1411, 'Illegal Entry Vessels', 27 November 2006, p.136 online at: http://www.aph.gov.au/hansard/senate/dailys/ds271106.pdf; copy of extract online at: http://sievx.com/testimony/2006/20061127EllisonToMilneQoN1411.html

18 Yemris Fointuna, 'Search for five missing aliens hindered by bad weather', Jakarta Post, 17 January 2009; copy online at: http://sievx.com/articles/psdp/2009/20090117YemrisFointuna.html

Yemris Foituna, 'Police hunt people smugglers', Jakarta Post, 19 January 2009; copy online at: http://sievx.com/articles/psdp/2009/20090119YemrisFointuna.html

Adam Gartrell, 'People smuggler deserves jail: court ',AAP, 1 September 2009; online at http://tinyurl.com/5soz7d8

Note: Australian government does not confirm these deaths. See Answer to Question on Notice, no.82, Senate Standing Committee on Legal and Constitutional Affairs, Australian Customs and Border Protection Service, asked on 26 May 2011; online at: http://www.aph.gov.au/Senate/committee/legcon_ctte/estimates/bud_1112/ag/82_ACBPS.pdf

19 Inquest into the death of Mohammed Hassan Ayubi, Muzafar Ali Sefarali, Mohammed Amen Zamen, Awar Nadar, Baquer Husani [2010] NTMC 014; online at: http://www.nt.gov.au/justice/courtsupp/coroner/documents/D0061-D0063D0118-D0119Ashmore.pdf 20 For government response, see Sarah Hanson-Young's questions to Australian Customs and Border Protecton Service in Senate Budget Estimates, Legal and Constitutional Affairs Legislation Committee Hansard, 25 May 2010, pp.42-45; online at: http://www.aph.gov.au/hansard/senate/commttee/S13014.pdf

See also Answer to Question on Notice no. 86 asked by Senator Ronaldson to Australian Customs and Border Protection Service at Senate Standing Committee on Legal and Constitutional Affairs, 26 May 2011; online at: http://www.aph.gov.au/Senate/committee/legcon_ctte/estimates/bud_1112/ag/86_ACBPS.pdf

In a recent speech to Parliament, Dr Andrew Leigh also referred to this missing boat. See House Hansard, 22 September 2011, pp.19-20; online at: http://www.aph.gov.au/hansard/reps/dailys/dr220911.pdf

There have been many newspaper articles that cite the concerns of relatives and friends of passengers on this missing boat. See for example:

'Hazaras boat bound for Australia missing', AAP, 17 January 2010; copy online at: http://sievx.com/articles/miscellaneous/2010/20100117AAP.html

Nicola Berkovic and Brendan Nicholson, 'Children feared to be on missing boat', Australian, 19 January 2010; copy online at: http://sievx.com/articles/miscellaneous/2010/20100119BerkovicNicholson.html Tom Allard and Yuko Narushima, 'Governments knew asylum boat was in danger', SMH, 25 May 2010; copy online at: http://sievx.com/articles/miscellaneous/2010/20100525TomAllard.html

Natalie O'Brien, 'Pressure mounts over ghost boats', Brisbane Times, 11 September 2011; copy online at: http://sievx.com/articles/miscellaneous/2011/20110911NatalieOBrien.html

3

Natalie O'Brien, 'Customs under pressure over missing boat', SMH, 18 September 2011; copy online at: http://sievx.com/articles/miscellaneous/2011/20110918NatalieOBrien.html

21 Answer to Question on Notice no. 87 asked by Senator Ronaldson to Australian Customs and Border Protection Service at Senate Standing Committee on Legal and Constitutional Affairs, 26 May 2011; online at: http://www.aph.gov.au/Senate/committee/legcon_ctte/estimates/bud_1112/ag/87_ACBPS.pdf

22 Minister for Home Affairs, 'Maritime Search And Rescue Operation Near Cocos Islands – Update', Media Release, 8 May 2010; online at

http://tinyurl.com/6xtwlon

Minister for Home Affairs, ‘Maritime Search And Rescue Operation Complete’, Media Release, 9 May 2010; online at:

http://tinyurl.com/5vsf5qp

22 Answer to Question on Notice no. 88 asked by Senator Ronaldson to Australian Customs and Border Protection Service at Senate Standing Committee on Legal and Constitutional Affairs, 26 May 2011; online at: http://www.aph.gov.au/Senate/committee/legcon_ctte/estimates/bud_1112/ag/88_ACBPS.pdf

23 See Question without Notice, Senate Hansard, ‘Asylum Seekers’ 17 June 2010, pp.3651-2; online at:: http://www.aph.gov.au/hansard/senate/dailys/ds170610.pdf ; Stephen Fitzpatrick, ‘Merak passengers among 12 boatpeople drowned’, Australian, 14 June 2010; online at: http://tinyurl.com/6cmdwrn

24 Natalie O'Brien, 'Relatives fear 97 refugees have died at sea', Age, 26 December 2010; copy online at: http://sievx.com/articles/miscellaneous/2010/20101226NatalieOBrien.html

Natalie O'Brien, 'Lost for 42 days, another tragedy on the horizon', Brisbane Times, 26 December 2010; copy online at: http://sievx.com/articles/miscellaneous/2010/20101226NatalieOBrien2.html Note that appended to this article online is an AAP report quoting refugee advocate Jack Smit who believed at the time that this boat had arrived safely. However, see: Natalie O'Brien, 'Lost and Forsaken', Sun Herald (‘Extra’ section), 8 May 2011, pp. 1,3; online at: http://sievx.com/articles/miscellaneous/2011/20110508NatalieOBrienSunHeraldExtra.pdf (This article includes photos of 34 of the alleged passengers on this boat provided to O'Brien by friends and family of the missing); Natalie O'Brien, 'Suspect linked to lost boat', SMH, 15 May 2011; copies online at: http://sievx.com/articles/miscellaneous/2011/20110515NatalieOBrien.html

25 Thirty bodies were recovered and up to twenty people are missing presumed dead. There were forty- two survivors. See Report of Joint Select Committee on the Christmas Island Tragedy of 15 December 2010, Commonwealth of Australia, June 2011, p.vii; online at: http://www.aph.gov.au/Senate/committee/christmas_island_ctte/christmas_island/report/report.pdf

4