David Irving's Fight against Australian Suppression of Free Speech
Australia
Documents prised by legal action from the files of Australia's prime minister and his staff

Telex from Australian embassy in Bonn, Germany


March 30, 1994

David Irving

David Irving after challenging prime minister John Howard in London on October 23, 1997.


The original was in Capital Letters. For better legibility it is reproduced in lower case.

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TO DEPT OF IMMIGRATION RECEIVED FROM:

30.03.94

FAIM523

O.B02638 1818 28.03.94 CLA FOREIGN

TO.

PP CANBERRA/

FM. BONN/ FA REF O.CE373599

 

IN CONFIDENCE

 

DAVID IRVING: STATUS IN GERMANY

FROM FILE 801/5/2/1 92/1338

FOR DIEA (ENTRY LIAISON, VLS, CANBERRA) AND SCORPION

Following receipt of reftel, we requested both the federal interior ministry and the foreigners section of the Munich district administration for further information relating to (1) the March 1990 prohibition on Irving's entry into Germany and (2) the November 1993 expulsion order.

1990 Federal "Entry Ban"

2. On this occasion, the interior ministry was not able to provide us with further information regarding the imposition of and Irving's compliance with the 1990 entry ban. We were referred on to the Bundesamt fuer Verfassungsschutz (BfV, federal office for the protection of the constitution, Germany's federal internal security agency), from whom we are seeking early assistance via liaison.

3. Our impression to date is that the "entry ban" was in fact an instruction to the Bundesgrenzschutz (BGS, federal border police) to turn Irving away should he present himself at the border. We hope that the BfV can shed further light on this.

4. If correct, this would have several implications for your line of enquiry: (1) that, although a de facto "entry ban", the decision was directed towards the bgs and would not normally have been served on Irving at all and (2) subsequent entry by Irving into Germany, e.g. Via one of Germany's many unstaffed EU border crossings, might not have constituted an offence per se. It is also interesting to note that the Munich expulsion order makes no mention of the federal "entry ban" - while one possible explanation is that this is a further illustration of the lack of coordination between various levels of government in Germany, it is also plausible that the 1990 federal decision was regarded as simply an instruction to the BGS, and therefore a separate issue.

5. By way of embassy comment, we would simply note that Irving is well networked through his associates, and might have been made aware of the 1990 decision by them. We have also heard unconfirmed reports that he may have been turned back at the Netherlands-German border at one point, only to succeed at another crossing which was unstaffed at the time.[2] Even if this can be confirmed, its relevance to the issue of good character is not immediately clear - if the 1990 "entry ban" is subject to a narrow interpretation, he arguably he did not commit an offence even if he knowingly tried to frustrate the minister's intention.

1993 Munich expulsion order

6. We have received from Brettraeger (foreigners section of the Munich district administration) a copy of the expulsion order of 9 November 1993 and detailed reasoning, totalling 33 pages. The embassy is not in a position to translate this entire document, but we are faxing it to you for reference.

7. In a nutshell, the expulsion order was based on two provisions of the federal foreigners law (Auslaendergesetz) which we summarised in O.B01355:(a) art. 45(1) a person's stay undermines public security and order, or other significant national interests, and (b) art. 46(2), in particular where a person has repeatedly and/or seriously violated laws, court orders or administrative orders or, has committed a crime outside Germany which would be regarded as an intentional crime in Germany. As we also noted in O.B01355, the decision refers to the entry bans in Canada and Austria, but makes no/no mention of the 1990 German decision.

8. According to Brettraeger, Irving's legal representatives have lodged an objection to the expulsion order. The Munich foreigners office did not refute the objection, but have forwarded it to the regional government of upper Bavaria for decision. The decision is pending. In the meantime, the conviction in the criminal trial in relation to causing public offence and insulting the memory of the dead (page 12 of the expulsion order) has been affirmed. In a decision of 30 November 1993, the supreme state court of Bavaria rejected Irving's appeal against the state court's decision of 13 January 1993 as unfounded.

9. Regarding formal notification of the expulsion decision, Irving was served with the documentation at 1649 on 9 November 1993 in the moewenpick restaurant at Lambach square in Munich. He was given until midnight 10 November to leave Germany.

10. The expulsion order specifically imposes an entry ban on Irving under art. 8(2) (1) of the federal foreigners law, stating that he may no longer enter or remain in Germany and that, even if he otherwise meets requirements, he will not be given a residence/visitors permit. It goes so far as to state (page 31) that, in view of the prevailing public interest, it is reasonable to expect that he conduct any legal proceedings from outside the country via legal representatives in Germany. He must specifically apply for an entry permit should his actual presence be required for specific court appearances.

XC. 0.B02638 1818 28.03.94

ACTION: DEP FOREIGN + TRADE
DEP ATTORNEY GENERAL T/T
IMM + ETH AFFAIRS(C)T/T

 

PRIME MINISTER
MIN FOREIGN AFFAIRS
MIN FOR TRADE
MIN D C P I AFFAIRS
ATTORNEY GENERAL
MIN IMM + ETH AFF
MIN FOR JUSTICE
ASIO (C) T/T

Note: This allegation is untrue.


© Focal Point 1999 David Irving