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Australia

Family who fled Afghanistan reunited in Adelaide after a decade apart, after successful court case against Australian government

A family who fled Afghanistan after their daughter was killed in a missile attack has finally been reunited in South Australia.

The Rezaee family had been separated for more than a decade as they waited for humanitarian visas to be processed.

Abdullah Rezaee said he was granted permanent refugee status in Australia in 2011, after he was forced to flee his homeland.

“I was working in an association and, because of that, my life was being threatened by the Taliban and I was at risk, so I couldn’t feel safe in Afghanistan, so I had to flee,” he said.

“That time was very hard for me, I was upset and sick.”

A young man in a maroon top hugs a small child wearing a red shirt
Fida Rezaee, 17, with her sister, Maliha, two.(ABC News: Che Chorley)

After moving to Pakistan as refugees, Abdullah’s wife, Fatima, and their surviving children applied for Australian visas in 2017.

Earlier this year, they still had received no response, so the family took the Australian government to court over the delay.

Their lawyer, Josephine Langbien, said the court case argued that the government had failed its legal responsibility to determine visa applications within a reasonable time.

“They had been waiting [more than] four years and I think anyone can agree that it is simply an unreasonable length of time to have to wait,” Ms Langbien said.

The Australian government granted the case and issued the family with permanent visas.

Weeks later the family were reunited in Adelaide.

A man wearing a black jacket and white shirt looks directly into the camera
Abdullah Rezaee and his family lived apart for a decade.(ABC News: Che Chorley)

Zamin Ali, 20, said there were tears of joy when he first saw his father.

“I was waiting for the moment of the reunion with my father. It was like a dream come true,” he said.

“It was as if I was waiting my whole life to be reunited with my father because we were apart for many years.”

Mr Ali now dreams of becoming a professional soccer player or a doctor.

His younger sister, 14-year-old Frozan, has been taking English lessons for new arrivals.

Mr Rezaee said it was “very important” that his children could go to school.

“In Pakistan and in Afghanistan they cannot go to school. They have a lot of problems,” he said.

“Now, here, they are going to school. I am very happy.”

A young smiling girl stares out of a window covered with a thin white curtain
Frozan Rezaee, 14, has been taking English lessons.(ABC News: Che Chorley)

The family’s four-year visa order is not uncommon.

Ms Langbien — who works at the Human Rights Law Center — said thousands of Afghan families remained separated while waiting for visas.

“After two decades of war, Australia owes a moral obligation to the people of Afghanistan,” she said.

“We have a responsibility to do more to help. We can do more to help.”

“We need the new government to increase its commitment to supporting families who are separated between Australia and Afghanistan and work so much faster to bring those families back together.”

The Human Rights Law Center said 211,000 Afghans have applied for humanitarian visas in Australia since the Taliban took control of Afghanistan a year ago.

Ms Langbien said more than 7,000 people from Afghanistan were currently waiting for family visas to be processed, and close to 5,000 of those have been waiting longer than two years for an answer.

“We promised additional humanitarian visas, but we know that only a few thousand of those visas have actually been issued,” she said.

A smiling woman wearing a gray hijab
Fatima Rezaee’s family were one of many waiting for visas to be processed.(ABC News: Che Chorley)

Federal government figures show that, in the past year, more than 1,700 Afghan partner and family visas have been granted.

Some of these applications were lodged back in 2012.

Arif Hussein from the Refugee Advice and Casework Service said the scale of the humanitarian crisis in Afghanistan was reflected in the number of people who have sought protection from the Australian government.

“It’s important to remember [that] many of these applicants are immediate family members of those in Australia: wives, husbands and children,” he said.

“Our new government must take the opportunity for concrete action for other people from Afghanistan by committing to, and implementing, a one-off, 20,000 humanitarian intake of the most vulnerable people.”

A Department of Home Affairs spokesperson said a total of 31,500 places would be available for Afghan nationals over the next four years.

“The Australian government remains committed to supporting the Afghan community at this distressing time,” the spokesperson said.

“The department is working to ensure that visa options continue to be available to Afghan nationals, both within Afghanistan and those who have been displaced from their home country.”

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Categories
Sports

FedEx Cup, Scottie Scheffler walks over Cameron Smith’s lie amid LIV storm, video, highlights, reaction

Scottie Scheffler is coming under fire for his cardinal sin during the opening round of the PGA Tour’s FedEx St. Jude Championship in Memphis.

The world No.1, who won this year’s Masters and backed it up by finishing runner-up at the US Open, walked across Open Champion Cameron Smith’s line on the 12th hole as the world No.2 prepared to make a putt.

As a seemingly oblivious Scheffler walked across the green, Smith, 28, looked up at his rival quizzically before returning his focus on the hole.

Eagle eye fans didn’t miss the moment, however, as they highlighted Scheffler’s actions as a not-so-subtle attack on Smith, who is reportedly sitting on a deal to join the rival LIV Golf Series on a deal worth an estimated $AU140 million.

Watch LIVE coverage from The USPGA Tour with Fox Sports on Kayo. New to Kayo? Start your free trial now >

Cam Smith holes out for EAGLE! | 00:24

“This is basically golf’s version of throwing at someone’s head,” one Twitter user wrote.

Another said: “Spicy head games from Scottie LIV related?”

Interestingly, though, only a hole earlier Smith and Scheffler had high-fived each other on the green.

But, then again, Smith did record an eagle on 13 as he holed out from 156 yards. Did it help his focus on him?

READ MORE

J-Day of old stuns to revive hopes in $75m event, Smith’s strong response to LIV drama

While Scheffler has not criticized Smith for his coy responses regarding his future, the world No.1 hit out at the golfers, including Australian Matt Jones, who tried to gain an exemption to play at this week’s FedEx playoffs despite joining the rebel golf league.

“Those guys kind of made their decision to go join another tour and they broke the rules and regulations of our tour and now they’re trying to sue us, which is definitely a bit frustrating,” Scheffler said ahead of the tournament.

“I definitely am surprised to see some guys now suing us. If they win, come out here and play, that’s something that’s up to the courts, I can’t control what’s going to happen in a court case. Definitely interested but at the end of the day it has no effect on my preparation for the week.”

Scheffler had a frustrating opening round, finishing one-over. Smith managed to put a difficult fortnight to rest, posting a respectable three-under pair to be firmly in the mix.

READ MORE

The PGA Tour’s $108m showpiece has arrived amid an ugly sideshow that can’t be ignored

How Smith shock exposed sobering truth… and left question that may never be answered

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Categories
Business

Penfolds, Treasury Wine Estates wins copycat Chinese court case against Rush Rich

An Australian wine company has won a “landmark” court case in China after more than six years of fighting a copycat brand.

Treasury Wine Estates owns and produces a number of well-known wine labels including Penfolds and Wolf Blass. However, the issue arose when company Rush Rich used part of the Penfolds branding on its own bottles.

After six years of fighting, on Wednesday, the Supreme People’s Court of China ruled in Treasury’s favor, finding that the other wine company had acted in “bad faith” against them.

The court found that Chinese-Australian company Rush Rich improperly used a Chinese character which was a copyright breach of the Penfolds brand.

This was “illicit conduct”, according to the court.

Treasury Wine Estates said the other company had tried to “exploit” its brand and was happy about the decision from the Chinese court, calling it a “landmark win”.

The court ruled that Rush Rich’s registration of the Chinese character mark for Penfolds Winery was invalid.

“We welcome the Judgment by the Supreme People’s Court of China and thank the Chinese authorities for their continued support in protecting the rights of luxury brand owners,” Penfolds managing director Tom King said.

Following its “longstanding battle” with Rush Rich, Treasury said it takes a “zero tolerance approach” to copyright breaches.

Anna Olsen, global director of intellectual property for Treasury Wine Estates, said in a statement: “Protecting the integrity of our historic brands against trademark piracy and misappropriation has always been a global priority.

“We’ll spare no effort to protect our brands and will pursue our rights to the highest courts where necessary.

“This case shows we won’t tolerate attempts to exploit and infringe the intellectual property rights and reputation of brands in the Treasury Wine Estates portfolio.”

Government regulator Wine Australia was also happy with the court case outcome as it has been working hard to maintain the international reputation of Australian wine.

The case is timely as Penfolds is looking to launch its wine in China.

In 2019, Rush Rich was also slammed with a massive fine in Australia’s Federal Court after being found to have infringed on several trademarks of Treasury Wine Estates.

The company had to pay $375,000 in compensation and was barred from using the images again.

Before the Australian Federal Court case, Treasury Wine Estates took Rush Rich to the Shanghai Pudong Court.

That court also ruled in favor of Treasury Wine Estates and ordered Rush Rich to pay back 2,000,000 Chinese yuan ($A426,000 at the time).

Read related topics:China

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Categories
Business

Elon Musk sells Tesla shares worth $9.8 billion, cites chance of forced Twitter deal

Tesla boss Elon Musk has sold US$6.9 billion ($9.8 billion) worth of shares in the electric vehicle maker, saying the funds could be used to finance a potential Twitter deal if he loses a legal battle with the social media platform.

“In the (hopefully unlikely) event that Twitter forces this deal to close *and* some equity partners don’t come through, it is important to avoid an emergency sale of Tesla stock,” he said in a tweet late on Tuesday.

Shares of the microblogging site rose 3.5 per cent to $44.35 in pre-market trading, but were still trading significantly below Mr Musk’s offer price of $54.20 per share.

Tesla shares were up 1.6 per cent at $863.1.

Mr Musk in early July tore up his April 25 agreement to buy Twitter for $44 billion.

Twitter has sued Mr Musk to force him to complete the transaction, dismissing his claim that he was misled about the number of spam accounts on the social media platform as buyer’s remorse, in the wake of a plunge in technology stocks.

The two sides head to trial on October 17.

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Following the announcement of the share sale on Tuesday, Mr Musk took to Twitter and said “yes” when asked if he was done selling Tesla stock, adding he would buy it again if the Twitter deal does not close.

“The removal of the ‘fire sale’ risk, the fact Musk has already raised cash in case of a Twitter decision going against him and the comment that he’ll buy back stock if Twitter deal gets dropped all builds into a positive bias for Tesla ,” said Mark Taylor, sales trader at Mirabaud Securities.

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Categories
Business

Thousands of businesses impacted by Tyro EFTPOS outage urged to register to class action

Christine Hera-Singh found it difficult to keep her bakery along the Great Ocean Road afloat during Covid-19 lockdowns and border closures.

The mum-of-one had pinned her hopes on the Christmas rush in late 2020 and early 2021 and for a while, her South Australian-based business, Meningie Bakery, was flourishing.

But then in January last year, the bakery’s credit card terminals stopped working for two weeks straight.

“It hit dead around the Christmas break, we had customers walking out, they didn’t have cash, it was an absolute nightmare,” Ms Hera-Singh told news.com.au.

It turned out the company that she rented her EFTPOS machines from, Tyro, had experienced a national outage that lasted for a fortnight.

Overall, Ms Hera-Singh estimates she lost $60,000 from the two week outage.

Across the country, at least 11,000 companies were impacted — the majority of them small businesses like hers.

Now, 18 months since the malfunction, outraged merchants have fought back by launching a class action against Tyro.

According to a notice from the Federal Court, affected business owners now have three months to register their case if they hope to receive compensation in the event they win the lawsuit. The registrations opened last week at www.tyroclassaction.com.au and close on October 30.

Ms Hera-Singh said: “We were losing heaps of customers. We were left in this huge dilemma.

“I’m a small business owner, it’s hard.”

The baker explained how the Covid-19 outbreak meant that society had gone largely cashless, making it even harder to survive during those two weeks.

By way of compensation, she said Tyro waived the rent on her machines for a month — which wasn’t nearly enough.

Her terminals stopped working on January 7 and only came back online by January 21, a whole 14 days later.

Across Australia, outages were first reported from January 5 due to a glitch in the coding and it took until late that month for all machines to operate normally again.

In a statement to news.com.au, Tyro did not acknowledge the class action law suit but said it had introduced a compensation program to make up for the financial losses.

“Following the terminal connectivity incident experienced in January 2021, Tyro has conducted a remediation program whereby all impacted merchants have been contacted directly by Tyro and given the opportunity to claim any financial losses caused by the connectivity incident,” a spokesperson said.

Bannister Law started the class action in October last year and Court House Capital is funding the case.

According to Bannister Law, most affected businesses lost between $5,00 to $40,000 from the outage, but there were several outliers like Ms Hera-Singh’s bakery. Some businesses that had multiple machines lost as much as $100,000.

Charles Bannister, Principal at Bannister Law, told news.com.au should businesses fail to register in the next three months, they wouldn’t be entitled to any compensation if his firm won the court case.

“The outage occurred during a crucial period, being a time when everyone had come out of lockdowns and there was a general reluctance to accept cash,” he told news.com.au.

“That merchants were unable to use their EFTPOS machines for days or weeks was, for many merchants, catastrophic.

“There are approximately 11,000 businesses affected by this outage. If they do not register, they will not be entitled to receive a share of the proceeds of any funds received should the proceedings settle, subject to Court approval.”

Last week, a whopping 11,000 letters were sent out to the impacted business owners inviting them to register.

Another impacted business was Highett RSL, in Melbourne’s southeast, which estimated it lost around $10,000.

Gavin Williams, the pub’s general manager, said the timing couldn’t have been worse as Melbourne had just come out of their four month lockdown in the winter of 2020 and they needed to recoup their losses.

“There were obviously lockdowns and all that in Melbourne that was going on,” he told news.com.au.

“People wanted to use credit cards and EFTPOS cards, [but by then] all our signage was to use your cards.”

Before Covid he estimates that half of his customers used cash while the other half used cards but the pandemic changed that. Around 70 per cent of customers now use cards, making it harder for people to buy drinks when credit card machines were down.

I paid $49 per month for an EFTPOS terminal and this fee was waived for the month of January.

To date, that is the only compensation the business has received, he said.

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