Gabriel, who worked as a French federal police officer, victim of discrimination and systemic racism in Australia: "The prejudice amounts to more than AUD 100,000"
Originally from Guadeloupe, Gabriel (his first name has been changed), a former international student in Australia.
He tells and describes five cases: the car dealership, the lawyer, the car rental company, the police and the school where he was doing a two-year training in early childhood and more generally the situations of discrimination and systemic racism with which he was confronted and cost him his citizenship.
Find out his story on his Facebook page, Instagram account and Twitter Australian Wrongdoing.
Who are you?
I am a 42 year old Guadeloupean. Before my departure for Australia, I worked in Paris as a French Federal police officer.
What brought you to live and study in Australia?
Like many French people, I wanted change, to see something else and above all to improve my English in a country where I didn't know anyone. So in January 2016, I decided to fly to Perth (Australia), with the aim of obtaining citizenship.
But, two years after your arrival, you have faced serious problems. Can you tell us about your experience in Australia as an international student? Describe the five cases (dates, places, protagonists).
As an international student, I can only work 20 hours per week, during study semesters and, full-time, during school holidays. In addition, costs for health coverage, housing, food, schooling, etc. must be included. Finally, the cost of living is very high.
To obtain permanent residence, I had to study in one of the fields of activity that Australia needs, have 3 years of professional experience, find a company to sponsor me in order to apply for permanent residence and this, before 45 years.
However, from 2018, I encountered many difficulties, which I will tell you about.
First case
At the end of January 2018, I bought a vehicle at AUD 11,000 with 5 years of warranty, at the Car Giant WA car dealership in Jandakot, with the aim of undertaking my activity as a driving instructor. However, fifteen days after my purchase, it showed numerous anomalies (loss of speed, indicator light for the particle filter, etc.).
I immediately informed the dealer. Thus, as of February 15, 2018, the mechanics of the car dealership told me that they could not find the origin of the problem even though, on numerous occasions, I went to their garage. Also, the car dealer did over AUD 2000 in repairs on my vehicle, without being able to identify the problem. This, providing proof that the vehicle that was sold to me was in very poor condition.
A few months later, I found in the glove compartment of my vehicle, two invoices from the previous owner, showing that it had been defective since 2017. On one of them is mentioned that “if the problem with the particulate filter reappears, the part must be replaced”. The second invoice concerns a complete inspection of the vehicle, which reveals a set of anomalies.
I brought this information to the attention of the dealer, who told me that it no longer concerned the previous owner, but that they would fix the problem. Wanting to start my business, I asked the dealer if he could reimburse me or give me a new car, but he refused.
In order to find a quick solution to my problem, I contacted Consumer protection (in charge of conciliation), who told me that they can’t force the car dealer to repair the vehicle, if the latter did not wish it. However, Consumer protection informed me that the car dealership was ready to repair the vehicle, if I found the source of the problem.
So on May 24, 2018, an independent mechanic found the particulate filter and clutch to be faulty. I immediately informed the dealer, who refused any repairs. A few days later, I asked the car dealer to provide me with the documents relating to the repairs carried out on my vehicle. With amazement, I realized that as early as February 15, 2018, the mechanics at the car Giant dealership had already identified the problem with the particulate filter. On May 30, 2018, another independent mechanic performed a complete inspection of my vehicle and found the same anomalies, as those identified by the mechanic of the previous owner, in August 2017.
Second case
The car dealer refusing to reimburse me, I appealed to a French lawyer working for the firm Cullen MacLeod, in Nedlands. As of June 08, 2018, the lawyer sent me an email, in which he mentioned that my evidence was indisputable.
In an effort to settle this matter amicably, my lawyer sent a letter to the car dealer who refused any compromise. Afterwards, my lawyer told me that we had no choice but to go to court.
However, on January 3, 2019, when I had to give my lawyer the remaining AUD 600 out of a total of AUD 8000, he sent me an email, informing me that " my matter is legally complicated” and this, without further explanation.
On January 15, 2019, I contacted the Legal Profession Complaints Committee, who advised me that they were only investigating matters of conduct and not negligence. In examining the invoices sent to me by my lawyer, the Legal Profession Complaints Committee found that he had overcharged me. In other words, during my last payment, my lawyer should have sent my statement of claim to the court, which he did not do.
The sum that I had to recover from my lawyer being less than AUD 10,000, there was no obligation for me to be assisted by a lawyer. Thus, prior to the hearing, which was to take place at the Fremantle court, I asked for a French interpreter. However, on January 27, 2021, arriving alone at the hearing, there was no interpreter. The judge did not want to postpone the hearing. He did not review the evidence I had against my former attorney and against the car dealership. He rejected my appeal, causing me to lose over AUD 6000.
On May 09, 2021, I filed a complaint with Australian Human Rights Commission, against the judge who denied my right to an interpreter. On May 28, 2021, Australian Human Rights accepted my complaint. However, on December 6, 2021, I received a letter from Australian Human Rights stating: ''judicial immunity is a principle of the common law that when considering matters and making decisions in court or otherwise exercising their judicial functions or capacity, judicial officers such as judges and magistrates are protected (or have immunity) from civil law claims against them. Case law supports that this immunity extends to whatever a judge or magistrate does in the exercise of his/her broad and general authority to hear and determine matters. Case law also supports that judicial immunity includes immunity from claims of unlawful discrimination under the RDA''.
Third case
It concerns the car rental company Northside Rentals in Welshpool. I am an independent driver and in October 2018, I signed a contract with this company for an unlimited mileage package. Everything was going well until November 2019, when I had a material road accident in the presence of my customer. I completed the police report and forwarded all documents to Northside Rentals.
The next day, I went to Northside Rentals to pick up a new vehicle. They informed me that I had to pay the rental fee for this one. I was very surprised, because I was not at the origin of the accident. The rental company argued that if I wanted to work, that was the only solution. As an international student, I had no choice but to pay. In addition, I paid the sum of AUD 1000 excess. I therefore signed a new agreement, mentioning the extension number 625. This number indicates that I was still attached to my previous agreement, because I did not cause the accident.
A few months later, the excess was returned to me in full. Following this refund, I asked Northside Rentals to pay the fees I paid for the vehicle. There, they informed me that the vehicle I was driving had been totally destroyed and that I had to turn directly against the insurance company of the driver who caused the accident. But the latter informed me that it was the responsibility of Northside Rentals to settle this matter with them, since I was not the owner of the vehicle. Subsequently, the manager of Northside Rentals advised me to take legal action against the driver responsible for the accident.
In 2020, COVID-19 arrived and my income dropped significantly. I then asked Northside Rentals if I could qualify for a rental fee reduction, but they flat out refused. The Northside Rentals manager told me that if I couldn't pay for the vehicle, I had to return it to him. However, Northside Rentals has offered 50% off to other independent drivers.
On March 25, 2021 Northside Rentals serviced my vehicle. Then, after this one, they refused to give it to me. The manager told me that he made this decision, because of my “abusive tone”. A few hours later, the manager of Northside Rentals emailed me with an exclusion notice. On this one, it was mentioned that I had an “abusive and threatening behavior” towards their staff. In addition, the mention "without prejudice" was also indicated, with the aim that I would not use their email against them, in court. However, the law clearly stipulates that the mention “without prejudice” can only be used within the framework of a conciliation procedure, which was not the case.
On March 30, 2021, I contacted Small Business Development Corporation, in order to find a quick resolution to the litigation, opposing me to Northside Rentals. On April 1, 2021, i.e. 7 days after receiving the notice of exclusion, the manager of Northside Rentals sent me an email, in which he informed me that he had terminated my contract on March 25, 2021, because I had not complied with its terms. Of course, on March 25, 2021, Northside Rentals only sent me an exclusion notice. This demonstrates that it was illegally that Northside Rentals terminated our contract. Despite numerous attempts (emails/calls/voice messages) from Small Business Development Corporation to obtain an answer from Northside Rentals, the latter did not respond. Because of this incident, I could not work for two months.
Currently, I rent a vehicle with another company, the cost of which is much higher.
Fourth Case
On the night of September 06, 2020, while I was working as a self-employed driver, there was a group of police officers working in the city of Fremantle, who were on the sidewalk. One of them (policeman A) directed the beam of his flashlight towards my face. I waited for him to come towards me, to explain the reason for my stop. But before I could even explain to him, he came towards me, very annoyed, shouting at me “didn't you understand that I asked you to leave? ". Immediately, I let him know that I was a driver and pointed out my clients. However, he told me he didn't care.
I replied “Okay, in that case, I'm leaving”. But, the policeman (A) replied “no, stay where you are, don't move and give me your driving license. » What I have done. Still pissed off, he took a picture of my driver's license and told me that I was going to receive a fine at my home, without giving me the slightest explanation. To calm the situation, I told him that in France, I was in the police force. In other words, I respect the law. He replied “very well”, and then he left.
I parked my vehicle on the sidewalk and approached him to ask him why I was going to receive a fine at home. He replied that it was for the yellow line. I let him know that I was an international student and that I worked very hard. But, he told me that if I wanted to complain, I had to go to court.
It is a shopping street where there are nightclubs, restaurants, pubs. Independent drivers and taxis have no choice but to stop on the yellow line or on the sidewalk to pick up their customers.
In addition, my clients came to my defense, explaining to another policeman (B) that what they were doing was not correct; because they had ordered me a few minutes ago and they did not understand why they wanted to create problems for me. But the policeman (B) came to me and asked me what I wanted. I told him that I forgot to ask the policeman (A) for his badge number. And there, the policeman (B) pushed me many times and told me to get out. I asked him to stop pushing me and let him know what he was doing was wrong. He activated his body camera and continued pushing me. Fortunately for me, his colleague ( police woman C) came, ending the assault. She asked me what I wanted. I told her that I just wanted to get his colleague's badge number. She told me I could take it and go. During this incident, I was very afraid for my physical integrity.
A month later, I received a document from the Fremantle court at my home, informing me that proceedings had been initiated against me for criminal charges. The policeman (A) initiating the procedure, mentioned that I refused to move my vehicle, when he summoned me to leave my parking lot along the yellow line. Then, when he asked me to leave my parking lot on the sidewalk, I told him that I was a police officer in France.
However, policeman (A) omitted to mention that I was a self-employed driver, that I was working, that my clients arrived at the same time as him, that they came to my defense and that, that day, all independent drivers and taxis stopped along the yellow line or on the sidewalk. Finally, he did not mention that his colleague assaulted me.
On January 29, 2021, I paid the sum of AUD 95.48 to the city of Fremantle, in order to be able to obtain the CCTV footage, as well as the incident report. A few weeks later, I received the video recording from them, part of which had been deleted. Moreover, they refused to send me the incident report. Without success, I sent more than twenty emails to the Fremantle police and other agencies, in order to obtain the CCTV footage, the incident report and the body camera recording of the police officer ( B) assaulting me. On March 22, 2021, I also requested the assistance of the French Consulate, in order to obtain these documents, but I was told to consult a lawyer. Finally, on March 23, 2021, I paid the sum of AUD 30 to Freedom of Information (FOI) to obtain these documents but, to date, I have not received anything.
On April 22, 2021, I went to the Fremantle court, with the aim of asking the judge to postpone the hearing, since I did not have the necessary documents to ensure my defense. But, to my surprise, the judge let me know that he was dropping the criminal charges against me, because I didn't have a lawyer. However, it was the same person who, a few months earlier, had rejected my appeal against my former lawyer, without the presence of the interpreter I had requested.
On March 19, 2021, I filed a complaint against the police officers, for brutality and misrepresentation. However, on May 6, 2021, the Corruption and Crime Commission (police oversight body) rejected my complaint, stating that "the commission was unable to reveal a proven suspicion of serious misconduct, because the investigations of the commission could not identify any information corroborating the allegations”. Finally, it is important to note that no information has been provided regarding the false statement made by the police officer.
Fifth case
I was pursuing Early Childhood Studies, with Australian Learning Group (ALG) at Perth College Subiaco (2018-2020), where I faced harassment and racial discrimination.
The early childhood diploma is prepared in two years (the certificate and the diploma). During my certificate, I had a work placement period during which my classmates and I had a bad experience. We reported the situation to ALG Perth College, who removed this childcare center from their list. At the end of 2019, I obtained my certificate.
During the second year of studies, I had a new teacher with whom everything seemed to be going well. There were three men in my class: a Caucasian, an Asian and me. Regularly, my teacher congratulated me, because I participated more than some of my classmates.
Thus, on March 25, 2020, i.e. 1 month and 10 days before the start of my last work placement, my teacher sent me an email informing me that it had been cancelled. Then, on April 23, 2020, 12 days before the start of my work placement, my teacher sent me my work placement form, notifying me that I will be doing my work placement in the same childcare center where I was, in 2019. However, my new teacher could not ignore the bad experience I had had in this center, because on many occasions, I had told her about it. These emails really stressed me out.
Subsequently, I sent an email to my teacher, telling her of my amazement, learning my place of internship. But, she replied that I should consider myself lucky to have a center, because many of them had refused to accept trainees, due to the pandemic.
I therefore contacted the director of the center, who pointed out to me that the work placement form I had sent to him dated from 2019 and not 2020. Immediately, I informed my teacher who sent me the name of my new internship location: South Lake Early Learning Centre (formerly South Lake Child Care Centre).
However, it was impossible for my teacher to be in possession of this work placement form because, in 2019, she was not my teacher. She therefore retrieved this form from ALG Perth College's e-mail for the sole purpose of harassing and destabilizing me, before the start of my internship.
On May 3, 2020, our teacher invited some students to a videoconference meeting to discuss the internship. I was late because I was having trouble logging in. Once online, our teacher told us that she would send us a copy of the video recording of this meeting.
On May 05, 2020, when I arrived at my childcare centre, the welcome was warm, but quickly, when I asked my supervisor, manager and teacher, working in the center, for information, they replied that I had to fend for myself. This answer particularly puzzled me, since I asked for information on the rules of procedure, the child with special needs, the questionnaire to be sent to the parents, etc…
During my internship, I had to do some activities with a child with special needs. Thus, on three occasions, I asked my supervisor if there was one in the center. She replied that there was none and that I should contact my teacher about it. I contacted my teacher who referred me to my supervisor.
Thus, on June 1, 2020, I informed my teacher of my intention to end my internship. Surprisingly, she didn't ask me the reasons, but only answered “what”. On June 09, 2020, I requested a meeting with my teacher, who decided to speak with me in the presence of the manager of Australian Learning Group (ALG) Perth College. When I told her about the difficulties I was encountering at my internship site, his very first response was to tell me “that I had no proof of what I was telling her”. She let me know that she had three bachelor's degrees, including one in psychology.
I asked her if she could contact the previous trainee or if she could give me his contact details, in order to find out how he had been able to complete his internship, without a child with special needs. But, my teacher told me that it was personal information. I told her of my amazement at how my 2019 and 2020 internships went. But, she answered me that the problem would certainly come from me. I reminded her, that in 2019, all the trainees complained about this center and that, therefore, the problem could not come from me.
In addition, I told her that I was extremely tired, stressed and that this situation made me late. As a result, I requested additional time to finish my internship, but my teacher refused, telling me that if I didn't finish on time, I would have to pay for a new term.
I was very upset by his contemptuous, humiliating remarks. Without success, I tried everything to make her understand what I was going through at my internship site and find a solution to the problems encountered in my center, etc.
Before ending our meeting, my teacher asked me to go back to my center and told me that she would find me another one, with a child with special needs. Moreover, the manager of ALG Perth College never intervened to put an end to the humiliations that I suffered. Following our meeting, I was devastated, stressed by the way my teacher had addressed me, but above all by the idea of going to another center, with staff with whom I had never work.
On June 10, 2020, I returned to my center, where I asked an educator if there was a child with special needs. This one seemed very surprised by my question and confirmed to me that there was indeed one. The educator introduced me to the father of this child. But, when I wanted to explain to him what I was going to do with his child, he interrupted me, telling me that the previous trainee had taken care of it.
This caused me acute stress, panic attacks, because the day before, my teacher had told me that she was going to find me another center where there is a child with special needs. A few days later, I sent a letter to the director of the center and to my teacher, to explain to them the reasons for my departure. However, I received no response from them.
On July 15, 2020, I submitted a complaint to the Australian Learning Group (ALG) against my teacher, for harassment and racial discrimination. I have provided no evidence to support my complaint. On August 14, 2020, the manager of ALG Perth College dismissed my complaint.
On September 1, 2020, I submitted an internal appeal to the Managing Director of Australian Learning Group (ALG), to which I attached the video recording, emails and documents. On September 25, 2020, the manager of ALG Perth College once again rejected my internal appeal.
Yet the Australian Learning Group’s (ALG) Complaints and Appeals Policy clearly state that “Every student has the right to a fair and independent complaints and appeals process”. However, in my case, the manager of ALG Perth College was judge and party.
On August 03, 2020, I submitted a request to defer my term, following the stress caused by the harassment and racial discrimination I suffered. On September 17, 2020 my application was approved by Australian Learning Group Admission. I was delighted with this decision, because finally ALG recognized what I had suffered.
I pointed out to the manager of ALG Perth College that his decisions to dismiss my complaint and internal appeal were in stark contrast to ALG's admissions decision, which approved my request for deferment. So, how to explain that the manager of ALG Perth College did not recognize the cause of my acute stress, at the origin of my departure from the center, but that the admission of ALG recognized the consequence.
On November 4, 2020, I received a forged document from ALG Perth College. Indeed, the person who signed the September 17, 2020 document and identified themselves as part of ALG's admission, was now from Perth College.
On November 15, 2020, I made a request to the Managing Director of Australian Learning Group for a tuition fee refund but, again, the manager of ALG Perth College rejected it.
On January 13, 2021, Australian Learning Group sent me an email informing me that they had found me a new center. So, how to explain this offer when the manager of ALG Perth College has always denied the facts of harassment and racial discrimination. However, I had to pay AUD 3580 to redo the internship period.
Finally, in order to find a quick solution, I contacted Australian Human Rights Commission, known throughout the world as the great defender of human rights.
Can you explain your steps with Australian Human Rights Commission?
On September 29, 2020, I filed a complaint with Australian Human Rights Commission (AHRC) against Australian Learning Group, alleging harassment and racial discrimination. They asked me additional questions before making their decision. Moreover, they could have refused my complaint, if they had considered that it was unfounded. However, on November 16, 2020, Australian Human Rights Commission (AHRC) sent me an email notifying me that my complaint had been accepted. In this email, was also mentioned: “duty under law to inform persons who have been the subject of adverse allegations against them. »
In February 2021, I received an email from the investigator asking me if I wanted to pursue my complaint. On February 23, 2021, I confirmed my intention to pursue my complaint against my teacher and Australian Learning Group.
On several occasions, I asked the Australian Human Rights investigator to set up an urgent procedure, but she never deigned to answer me. However, in view of my situation as an international student, she had the obligation to put it in place, because the diploma was essential for obtaining permanent residence.
On May 7, 2021, I received the response from Australian Learning Group. Since I had not received a response from Human Rights regarding the other parties, I filed on May 8 and 9, 2021, three complaints against the teacher at ALG, South Lake Early Learning Centre (SLELC) and his supervisor. These were also accepted, for harassment and racial discrimination.
On May 18, 2021, I had a telephone conversation with the Human Rights investigator. She informed me that the President of the commission found no element that could justify my allegations of harassment and racial discrimination. She also told me that Australian Learning Group was notified on March 03, 2021 (more than 3 months after Human Rights accepted my complaint). When I asked her for something in writing, she refused.
This phone call was very surprising, since in November 2020 and May 2021, Australian Human Rights accepted my complaints against the Australian Learning Group and the other parties. On many occasions, I let the investigator know that I would like to negotiate with all the parties, but I did not get an answer.
On July 1, 2021, I received an email from Human Rights stating that "the President's Delegate made an assessment, based on the information available to him and considers that a conciliation should be attempted in this case".
On August 2, 2021, the Human Rights investigator sent me the preliminary assessment, regarding my complaint against Australian Learning Group. In this letter, she informed me that my complaint had been accepted solely for racial discrimination and this, without providing me with the slightest explanation. However, the April 22, 2021 emails received from them do not confirm their allegations.
On August 31, 2021, I received notice that Human Rights has terminated its investigation against Australian Learning Group for the following reasons: “ALG declares that it has carried out a detailed internal investigation and has found no substantial evidence to conclude that you have been treated unfairly or discriminated against on the basis of your racial origin. Other than your allegations and assertions, it appears that the Commission has no information to determine that ALG and/or the teacher treated you in the manner you claim, based on or because of your race. . »
On October 13, 2021, Human Rights sent me the preliminary assessment and response from South Lake Early Learning Center (SLELC). This process was unusual, as I should have received the response from South Lake Early Learning Centre (SLELC), with a response time, before receiving the preliminary assessment from Human Rights. In their letter, South Lake Early Learning Centre tries to clear their supervisor by saying that he was, in fact, only the room leader. However, the latter did sign my internship booklet as a supervisor.
On December 02, 2021, Human Rights terminated its investigation against South Lake Early Learning Center (SLELC) and its supervisor, including the Australian Learning Group teacher on the grounds that: “Apart from your allegations and assertions, there is no there is insufficient or insufficient information for the Commission to claim that the center and/or supervisor treated you in the manner described, on the basis or because of your race, color and/or nationality or origin ethnic."
What do you think of the way Australian Human Rights Commission (AHRC) conducted its investigation?
The following points demonstrate, without ambiguity, that the investigation conducted by them was not carried out in complete impartiality:
Human Rights treated this case as two separate cases, rather than a single case.
Despite my numerous requests, Human Rights refused to set up the urgent and conciliation procedures. However, as an international student, I was entitled to it.
The Human Rights policy clearly state: "If you do not provide the information within the time limit or if you do not respond at all, the Chairman of the Commission has the power under the law to compel you to provide the information. . The law also says that the President can compel people and organizations to attend the conciliation” . However, I left my internship on June 26, 2020 and, to date, I have not received detailed reports from my teacher and supervisor regarding my complaint for harassment and racial discrimination.
Human Rights took 2 months and 28 days to send me SLELC's response and 2 months and 1 day, before informing SLELC of my complaint and more than a year, if we consider my complaint of September 29, 2020 .
On October 13, 2021, Human Rights sent me both the preliminary assessment and SLELC's response. However, I should have received SLELC's response first, with a deadline for responding, before receiving their preliminary assessment.
Human Rights removed “harassment” from my complaint, without providing me with any explanation.
Despite the indisputable evidence against the persons concerned, Australian Human Rights decided to close the investigation, believing that there was not enough evidence to prove my allegations, etc.
On July 1, 2021, I received an email from Human Rights stating that: "the President's delegate has made an assessment, on the basis of the information available to it, and considers that a conciliation should be attempted in this case". However, on August 31 and December 02, 2021, Human Rights informed me that it had completed its investigations against Australian Learning Group and their teacher, South Lake Early Learning Center and their supervisor, believing that there was not enough evidence to support my allegations of harassment and racial discrimination.
Finally, how to explain that the President's delegate felt that a conciliation procedure should be put in place with South Lake Early Learning Center and their supervisor but not with the Australian Learning Group and their teacher.
Once you have obtained and viewed the video recording, which your teacher sent to you, what relevant information is revealed? And what were your impressions?
My teacher placed three Caucasian students in the same center. They are friends and two of them speak Spanish, like her.
In this video, the teacher says:
“Student (A), since you are in the same center as (B) and (C), you can work together. »
" (…) Same thing. I will work with (B) and (C) and I will just make a plan and I will submit it separately, on your internship booklets. »
Student (A) says to the teacher: “So if we can work on the same plan and then… Do we have to rewrite or…”
The teacher replied: “No, because it's the same plan, you have to work together. Just work together on the plan. Just submit the same plan because it's the same child. It will be the same and easier for you as you can easily perform the tasks. »
“(…) Student (A), you can rely on that of (B). She did a very good job. I really liked his work, so you can take this one. »
“I really liked it and actually said so in the comments. It is obvious that they (the center staff) work there, because they knew so much about what they were doing and how to do it. So I really like that. Maybe you can just use this one and update it. »
I had a hard time believing it, really surprised by my teacher's words. Indeed, a few months earlier, we were working on a written activity, for which the vast majority of students had only used the same examples. The teacher sent us an email about it. However, it has decided to validate the activity of these students. However, on my copy, she mentioned "copy and paste is unacceptable, especially when you provide examples" and asked me to do it again. But, on the other hand, my teacher encouraged three Caucasian students to work together during their internship and copy/paste all 81pages of the work placement logbook.
Thus, without difficulty, these privileged students graduated. Moreover, my teacher did not stop there, because during my internship, she continued her harassment and racial discrimination towards me. Indeed, my Caucasian classmate who was with me, was not treated in this way and graduated.
Concerning the four cases out of five that you described, how much do you estimate your prejudice?
The prejudice amounts to more than AUD 100,000 and this, not counting the case with Australian Learning Group and its teacher, South Lake Early Learning Center and its supervisor. Additionally, I spent around AUD 13,000 on my early childhood education etc.
What is your current situation in the territory?
I have a temporary visa (bridging visa).
What were all the other means of calling for help, of communication that you implemented, to testify to your experience in Australia? Who are all the interlocutors that you were able to contact?
Mate Education & Migration: For more than 3 years, I have chosen a French woman as an education agent. The Education agent's mission is to provide assistance to international students in finding a course that matches their interests. Agents are aware of special offers from schools. Some agencies can also provide other services such as housing, employment, migration, etc. Their services are free for all students, because the educational authorities (schools, universities, etc.) pay them a commission.
So, on July 02, 2020, I notified my Education agent (Mate Education & Migration) of my complaint against South Lake Early Learning Centre (SLELC) and Australian Learning Group (ALG). In the email she sent to the management of the Australian Learning Group, she considered that it was a “serious complaint”. However, subsequently, she decided to cease all contact with me, when her help would have been essential to me, both concerning the complaint procedure, that related to the reimbursement of tuition fees, etc.
NGS Regulation (Department of Education ): On October 7, 2020, I submitted a complaint to them. They told me to contact ASQA.
Australian Skills Quality Authority (ASQA ): On October 29, 2020, I submitted a complaint against Australian Learning Group to them. Then, on November 03, 2020, ASQA replied to me: “ASQA cannot help you, regarding being treated unfairly or having experienced bullying behaviour».
Ministry for Education and Training: on October 23, 2020, I sent an email to the Minister. Then, on October 27, 2020, the ministry informed me that “it is not within the powers of the Minister to manage this type of business. »
Ombudsman : I filed a complaint against Australian Learning Group, seeking reimbursement of tuition fees, but it was dismissed.
Ethnic Communities Council of WA (ECCWA ) : On September 30, 2020 , I contacted the President of Ethnic Communities Council of WA. On October 02, 2020, we met in the presence of his colleague. During our meeting, the President told me that he was aware of the problem with certain police officers in Western Australia, that he used to help migrants (international students included), confronted with similar situations, that what happened to me should never have happened, that he would help me recover all monies owed; that someone would come with me to court to support me and that he would provide me with lawyers at moderate rates. Finally, he told me that he would contact a politician, so that he could help me, but also the police commissioner of Fremantle, the managing director of the Australian Learning Group, etc. On October 05, 2020, I sent him all the documents related to my matters.
Several times we have met. He claimed he was doing everything to help me. However, a few weeks before the hearing against my former lawyer, I asked him if he could put me in touch with his lawyers, but he did not answer me, as he also did not answer concerning the politician, the director of ALG, etc.
French Embassy and Consulate: On March 22, 2021, I contacted the French Consulate, because the hearing concerning the criminal charges was approaching and I was unable to obtain the documents (video recording, incident report, etc.) ) to defend myself. On April 6, 2021, the French consulate sent me a list of lawyers.
On May 31, 2021, I sent a letter to the French Embassy and Consulate, concerning all the matters I have been dealing with since 2018. Again, I received a list of lawyers, including none specialized in human rights or commercial law. They told me to get in touch with a lawyer who didn't live in Perth.
On September 08, 2021, the social affairs of the French Embassy informed me that they could not interfere in the functioning of Australian justice. Subsequently, I received the same response from the French Consulate.
On September 13, 2021, I replied to them that I did not have the same reading of the situation, because I had not asked them to intervene in Australian justice, but to ensure that the rights of all French citizens (Caucasian or not), are the same and respected. Also, I let them know that because of the way I was discriminated against, I will no longer be able to get permanent residency. I did not receive a response from them.
Lawyers: I contacted many lawyers, all of whom refused to defend me. Some have categorically said NO , while others have remained silent, despite my requests. So, without lawyers, I 'm hand and foot tied, unable to get justice.
Media: I contacted many media, but also small newspapers. However, I couldn't find any mainstream media wanting to talk about my situation in Australia. However, one Australian media told me “he was sorry about my experience in Australia”, while another told me he would pray for me to find the strength to face these hardships.
A French media answered me: “(…) I completely agree that there is a problem of racism and discrimination against foreign students here (…)”
Finally, only Africa Media Australia (AMA), a media platform, agreed to do an article about ma situation.
Facebook : I created an Australian Wrongdoing page to publicize my situation. The goal was to find help. Facebook allowed me to promote my page but, when I targeted people from the West Indies and France, Facebook systematically removed this criterion. Then, I only targeted the media of Australia, France and the West Indies and there, Facebook no longer authorized me to promote my page. The reason: "(…) your ad may have been rejected because it mentions politicians or deals with sensitive social issues that could influence public opinion, the way people vote and may affect the result of an election or a pending law”.
What do you think of your experience in Australia?
Of course, I am extremely disappointed with the way I was treated. But, sadly, my case is just one more example of how people in my community are being treated around the world.
As a Federal police officer in France, I am considered, here, worse than a criminal because, despite all my efforts to find a lawyer, none wanted to represent me. Surprisingly, even the most dangerous of Australian criminals has the right to have a defense lawyer.
Although Australians have supported me and encouraged me to continue my fight for justice, I cannot achieve this alone.
I intended to do a master's degree, but because of the hardships I was unable to do so. Despite six years of sacrifice and hard work, I was unable to obtain citizenship, through the fault of people who knowingly broke the law and because of systemic racism.
Based on these facts, what do you concretely denounce?
A system which, obviously, does not sufficiently protect the victims and more particularly international students. What is amazing is that there are many control organs, but these seem not to work properly. Under these conditions, it is a particularly juicy affair for unscrupulous companies and institutions (Northside Rentals, Car Giant WA, ALG, SLELC).
How do you define what you experience, as a black person in Australia?
My situation in Australia perfectly reflects systemic racism.
Many Australian media have repeatedly covered this subject, on the way Aboriginals and Africans are treated in Australia (their relations with the police, the very high rate of incarceration, employment, etc.)
Regarding my situation:
The city of Fremantle, which only sent me part of the video from the surveillance cameras and which refused to send me the incident report;
Australian Learning Group (ALG) which issued a diploma to three Caucasian students knowing that they had done 10 activities together during their internship. However, ALG decided that I had to pay a new term, even if the material evidence in my possession unambiguously demonstrates the facts of harassment and racial discrimination against me.
Human Rights refused to set up the urgent and conciliation procedures; didn't ask supervisor and teacher for explanations and more surprisingly removed harassment from my complaint etc.
In the light of all these events that you have just recounted, what are the consequences on your physical and mental health, currently?
Of course, the problems mentioned have had an impact on my mental and physical health. I 'm very exhausted, I can't sleep peacefully, I have nightmares. I take medication for my stress because I have panic attacks when I think about how I was treated. (Gabriel gives a big sigh).
I must admit that these ordeals were particularly traumatic for me.
A final word for our readers
To the Australian Prime Minister and the President of the French Republic:
In 2018, while working as a independent driver, I was racially assaulted by one of my clients who told me “to go back to my country”. Before the police arrived, my clients fled. One of the police officers who came to meet me was very warm and spoke French fluently, since his wife is French. Moreover, we exchanged only in French. I told him that in France, I worked in the Federal police force. He told me that with my experience, I should apply to the police in Perth. He took a picture of my face which was bruised and told me to go to the police station to file a complaint.
At the police station, they took my complaint. I asked for a copy but they refused.
A few weeks after my assault, I was contacted, not by the investigating officer in charge of my case, but by the police officer who spoke French with me. He told me that the rideshare company gave him the contact details of the customer who ordered me. However, since the latter refused to speak and reveal the identity of his friends present during my assault, my case was closed.
Seeing the way I have been treated since my arrival, I decided, in 2022, to do my research on what the law says. Thus, my case should have been considered as a serious offense. On April 2022, I contacted the police officer who told me that my case was filed. He said that my case was considered as a simple offense because "go back to your country" does not constitute a racial attack since no mention of my race or my belonging ethnic.
I reminded him that one of my customers punched me and told me to go back to my country. Moreover, the client and his friends are accomplices and a thorough investigation should have been carried out to find out if they had a history of violence and/or racist violence.. This was not done, because since the client refused to speak with the police, they decided to close my case.
However, according to the law, whether it was a simple or serious offence, my case should have been dealt with in court.
On April 21, 2022, I submitted an application to Freedom of Information (FOI) to obtain a copy of my complaint. To date, I have not received anything.
Here, more than six years in Australia, during which my fundamental rights were never respected. Alone, far from my family/friends, without being able to take a vacation, without a social ties and yet, I worked so hard.
Moreover, I have been trying to find help for four years (lawyers, media, etc…). But, despite my best efforts, I only encountered closed doors…
However, on the other hand, ALG and her teacher, South Lake Early Learning Center and her supervisor found, in the space of a few weeks, a strong ally…Australian Human Rights Commission (AHRC).
Prime Minister, Ethnic Communities Council of WA and Australian Human Rights Commission (AHRC) are two important organizations that receive government grants. These should have put an end to the discrimination of which I was a victim. However, they have failed in their primary mission, which is to defend human rights.
A few years ago, the ALG teacher and SLELC supervisor, obtained Australian permanent residence/citizenship. On the other hand, my three Caucasian classmates who were privileged, graduated and will get citizenship. For my part, I definitely lost this opportunity.
To eradicate racism, strong actions must be implemented, both in France and in Australia.
In telling you about my experience, I would like to draw your attention to the situation of international students, and more particularly to the situation of minorities.
Invoice from previous owner
Independent mechanic's invoice
first invoice from the car dealership
Email from the lawyer mentioning the indisputable evidence
email from the lawyer informing that my matter is legally complicated
letter from Legal Profession Complaints Committee
request for a French interpreter
Letter from Human Rights on judicial immunity
First contract with Northside Rentals
second contract with Northside Rentals
50% off from Northside Rentals
mail exclusion notice from Northside Rentals
Northside Rentals exclusion notice
email from Small Business Development Corporation
Fremantle court document
request for information from the city of Fremantle
Corruption and Crime Commission letter
Work placement form
Australian Learning Group’s Complaints and Appeals policy
Falsified document from ALG Perth College
Original document (No falsified) from ALG
Australian Human Rights accepted Gabriel's complaint
email from Human Rights on the establishment of conciliation
preliminary assessment of Human Rights
email from Human Rights of April 22, 2021
Letter from Human Rights informing that it has finalized its investigation against the Australian Learning Group
human rights regulations
email from the teacher about the activity
copy of Gabriel mentioning copy/paste is unacceptable
email from Australian Skills Quality Authority
email from Ethnic Communities Council of WA
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