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07.01.03, 07:37
Aussie tourist falls foul of US visa laws
By Vanessa Wilson
January 7 2003
The Department of Foreign Affairs (DFAT) will send a diplomat from Washington
to Texas later today to visit 20-year-old Australian citizen Megan Stapleton,
detained in a prison for breaching her travel visa by two days.
Megan's mother, Mrs Antoinette Stapleton, has had no contact with her
daughter since her arrest in Austin, Texas 12 days ago.
A DFAT spokeswoman confirmed that Miss Stapleton is being held in a dormitory
cell inside the 337-bed Cormal County Jail but could not comment further on
her physical and mental condition.
The US Consulate in Sydney has refused to comment on the case.
Megan Stapleton travelled to the United States under a visa waiver program
which allowed her to stay in the country for 90 days.
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According to the Stapleton's Australian lawyer, Mr Ben Slade, Megan decided
to travel to Mexico within that period.
On her return to the US and she was allowed by border immigration officials
to re-enter the country for a further days 30 days.
Two weeks later she spoke to her mother and told her she would be home in
time for her 21st birthday on January 26, as well as a knee reconstruction
operation.
She voluntarily attended the US Immigration and Naturalisation Service office
in response to a query about her visa where she was immediately placed into
custody.
"The condition of the 90 day waiver is that the person must waive any right
to review or appeal an immigration officer's decision as to either
admissibility or removal," Mr Slade explained. "You are not consenting to
arbitrary detention in a jail."
Mr Slade and Mrs Stapleton were interviewed by a US consular official for 20
minutes after holding a media conference in Martin Place today.
Mr Slade said the officer was: "concerned and polite but didn't make any any
promises to improve the situation".
According to the DFAT spokeswoman, delays in processing Miss Stapleton's
deportation were due to the Christmas/New Year holiday period.
"The US takes a dim view on immigration breaches, especially since September
11," the spokeswoman said. "In circumstances like this there is a limit to
what consular officials can do, she said. "The matter in now in the hands of
the US authorities.
Miss Stapleton is expected to remain in custody for 3 to 4 weeks while the
deportation process continues.
