Mrs Freer Refused Entry

Manawatu Times, Volume 61, Issue 288, 5 December 1936, Page 4

Mrs Freer Refused Entry

Returning on Board Awatea

HABEAS CORPUS PROCEEDINGS FAIL

United Press Association—By Electrlo Telecrapfi.—Copyright. Received Friday, 11 p.m. SYDNEY, Dec. 4. A habeas corpus application on behalf of Mrs. Freor was dismissed after the hearing of evidence, and she is returning to New Zealand aboard the Awatea, which sailed for Wellington at 5.10 p.m. The Sydney Customs and police launch met the Awatea at the Heads. Mrs. Freer was submitted to a dictation test in Italian, and on her failure to pass the test she was detained on board. She said she had no idea that the test could be'applied again, and added: “I never say die.” Mrs. Freer was accompanied by a policewoman as the Awatea steamed up the harbour. While tlio Awatea was berthing she was blown across to the other side of the wharf, bumping the Manoora, svlioso stern rail was slightly damaged. The Awatea was then taken to the opposite side of the wharf, where she berthed. There was a large crowd to meet the Awatea, but no demonstration. Captain Davey said that during the voyago Mrs. Freer was most charming to the other passengers, with whom she mixed freely. Up to the time Captain Davey left the Awatea no papers had been served on him stating that Mrs. Freer was to be detained on board. During the dictation test Mrs. Freer put her fingers to her cars, stating “I don’t understand Italian,” and she made no attempt to write. Application was made in private chambers in the High Court on behalf of Mrs. Freer to test the Commonwealth’s power to debar her entry. Counsel for the Commonwealth was not present at the hearing, which was not open to the Press. Mr. Justice Evatt granted a rule nisi calling upon Captain Davey, the Customs officer, and the Commonwealth of Australia to show cause why Mrs. Freer should not be allowed to land. Court No Power to Inquire.

The main ground of the subsequent application for the writ of habeas corpus was that the Immigration Act did not specify the person to choose the language in which the person was to be given the dictation test. It was also argued that, having sought unsuccessfully to be examined in her own language and having refused to undergo a test in another, Mrs. Freer had not in fact “failed to pass” the dictation test. Herbert Cody, a Customs officer,, gave evidence that, when Mrs. Freer was subjected to a dictation test in Italian, she said: "It’s too absurd for words. I will get Mr. Paterson where I want him; ho is not a tit man to be in the position he is occupying. ” When told she would be treated as a prohibited immigrant, Mrs. Freer exclaimed regarding Mr. Paterson: “Give him my very best Jove.” Later she apologised for her outburst. After hearing the evidence of Captain Arthur Davey, of the Awatea, Mr. Justice Evatt discharged the rule nis> He said the Legislature had not given the Court any authority to inquire whether auyono was a fit and proper person to land in Australia, and the Court had no authority to set aside the decision of the Minister, even if it were quite wrong and unjust. The question was whether the woman had failed to pass the dictation test, and the test was no less a test because she had refused to submit to it by closing her ears. Accompanied by detectives, Mrs. Freer remained aboard the Awatea until it was clear of Sydney Heads. Mrs. Freer announced she would secure a position in New Zealand and.wou 1 ' 1 fight to clear her name.