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Media Statement: Allegations of Citizenship Irregularities

I am aware of reporting in the national media (Post Courier, The National) regarding allegations of irregularities in the granting of citizenship to Djoko Tjandra (aka Joe Chan). I make the following statement by way of response.

"During my tenure as Acting Chief Migration Officer I played no role or had any involvement in relation to the granting of citizenship to Mr Tjandra. This was a matter that was managed by the substantive Chief Migration Officer, the late Mataio Rabura, after his appointment in close consultation with the then Minister for Foreign Affairs and Immigration, the Hon. Ano Pala.

Prior to ceasing as Acting Chief Migration Officer I provided extensive briefing to the then Minister, at his request, where I made it clear that the constitution limited his powers to confer citizenship on an individual who did not meet the clearly mandated constitutional requirements. I have copies of this advice which is dated 12 October 2012. This advice was provided in direct response to a request by the then Minister with respect to his powers to confer citizenship on Mr Tjandra.

The decision to grant Mr Tjandra citizenship was made after I ceased to be Acting Chief Migration Officer. It is also a fact that my suspension as (then) Deputy Chief Migration Officer was in part precipitated by an unwillingness on my part to play any role in the granting of citizenship to Mr Tjandra. As evidenced by the decision of the Public Service Commission to exonerate me and overturn my suspension, my integrity remains intact.

I would note that in 2011 the then Minister exercised powers available to him to exempt Mr Tjandra from the legal requirements to obtain permanent residence. This is a matter of public record and was political decision made by the Minister at the time. It was not an administrative matter and I played no role in that decision.

On the issue of the alleged granting of an APEC Business Travel Card (BTC) to Mr Tjandra in 2009, I have no recollection of this matter. However, I would note that as a non-citizen of PNG that Mr Tjandra would not have been eligible for a PNG issued APEC BTC and wouldquestion whether a card was actually issued in his real name. I would note that the issuance of APEC BTCs is governed by a specific framework where the granting of entry rights isapproved by specific APEC member economies. I cannot see any legal basis on which Mr Trjandra would have been granted a PNG endorsed APEC BTC other than through fraudulent means. Even if he was, the fact that Mr Tjandra was the subject to an Interpol Red Notice and an outstanding arrest warrant would have significantly inhibited his ability to travel within the region under his real name.

As the Ombudsman Report rightly notes, the substantive matters related to this case and the grant of citizenship are for the former Minister and the late Chief Migration Officer. For my part, I stand ready to provide any assistance necessary by way of evidence to the Commission regarding the advice I provided to Government during my time as Acting Chief Migration Officer where I made it clear that the constitution prohibited the grant of citizenship to Mr Djoko based the circumstances that presented at that time.

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