News Release

I

FROM THE MINIST^EVFOR IMMIGRATION

PRESS ST ATEKENI BY THE MINISTER FOR IP IGPATION,

THE. HON . B. I . SI]EJDEN, Q C , M.F.

The liaster o f  the ship "Australis", which reached

Fremantle frcr Europe, today reported b T wireless on 27 May

that a stowaway found on board had given his name as

Pasquale Santonastaso.

The man has been interviewed by officers of my

Department on board the ship on arrival at Fr e zanti e today

and identified as ihV . Pasquale Santonastaso who re ceived

considerable publicity from 1959 onwards as a result of disputes between him and his wife over the custody of their

son.

The man was last in Australia in 1963.   He had been

in prison by order of a Judge of the Supreme Court of Sydney

for contempt of court. The Judge stated an intention to

recommend his deportation but agread to his being released on the condition that he would leave Australia.

The mar, has since been in Italy and has frequently

made requests for permission to return in order to have

access to his 11 year-old son. For a period :after his return

to Italy, his requests were refused without qualification.

However, since I first considered the _;utter in January 1967

i have repeatedly st-st ed to Mr. Santonastaso that the question of whether he can lawfully

have access to his son is one for judicial decision; and

that I would not grant a visa in =anticipation

(or in possible frustration) of such a judic ia l decision. If' however, he were able

to show that he has an effective right of

access to his song,' by'rc^sonx of a Court Order, I would authorise the issue of a visa for the

purpose of such accoss.

The parties were divorced in 1963 when custody was awarded to the mother with a right to access to Mr. Santonastaso

in the company of an officer of the Society of St. Vincent de

Paul. This Society shortly after wards stated that it was not

/n

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prepared to continue its co-operation with Mr. Santonastaso.

The child's mother has strongly opposed. her former husband's

re-entry to Australia, principally an the grounds that this

would be injurious to her son in the light of

Mr. Santonastaso's previous conduct; and on the grounds

also that his right of access had ceased to exist upon his

being required to undertake to leave Australia in 1963.

Last year Mr. Santonastaso sought to regain the

co-operation of the St. i rincen-, de Paul Society in order to

make effective the Supreme Court order for access. This was

not successful. His solicitor the y made application to the

Supreme Court for substitution of an officer of a different organisation for an officer of the Society Of Ste Vincent de

Paul, in the access order. This was opposed by his former

wife. At the hearing on 29 S eptember 1967 the Judge ruled

that 1-dr. Santonastaso's application should not be heard while

he remained in contempt of court for non-payment of maintenance

for the child, as ordered by the Court in 1963. I am informed that maintenance payments were in arrears for some years.

Mr. Santonastaso has chosen to stow away on a ship as a possible means of gaining entry to Australia. It would

not be possible to allow this unlawful course of action to set aside the most exhaustive consideration which I have

given to this whole matter on numerous occasions since

January 1967, particularly because, according to advice I

have received, the legal position as to access to his son remains unchanged.

I have accordingly directed that an entry permit be withheld from Mr. Santonastaso. Arrangements for his return to Italy (tinder the Section of the Migration Act relating tostowaways) are under discussion with the representatives of the shipping company.

If r. Santonastaso should at some future time succeed in securing an effective right of access to his son under a Court order, the fact that he sought to come to Australia as a stowaway will not p rejudice the question of his re-entry for the purpose of such access.

Department of Immigration, CANBERRA. A.C.T.

29 May 1968

