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FEDERAL COURT REJECTS LEGAL EFFORT TO FORCE REPARATION OF WOMEN AND CHILDREN IN
SYRIAN DETENTION CAMPS
The Federal Court has again rejected an effort to force the federal government
to bring home Aussie women and children in Syrian refugee camps.
Liam Beatty
less than 2 min read
June 18, 2024 - 3:50PM
NewsWire
Government needs to 'come clean’ on next steps as ISIS brides return to
Australia
Shadow Immigration Minister Dan Tehan says the government needs to “come clean”
on what the next steps are regarding the successful reparation of some Islamic
State brides and their children to Australia last week.
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skynews.com.au07:54
GOVERNMENT NEEDS TO 'COME CLEAN’ ON NEXT STEPS AS ISIS BRIDES RETURN TO
AUSTRALIA
07:54
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Shadow Immigration Minister Dan Tehan says the government needs to “come clean”
on what the next steps are regarding the successful reparation of some Islamic
State brides and their children to Australia last week.
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Shadow Immigration Minister Dan Tehan says the government needs to “come clean”
on what the next steps are regarding the successful reparation of some Islamic
State brides and their children to Australia last week.
The Federal Court has upheld a previous judgment rejecting legal arguments that
would bring Australian ISIS brides and their children home from a refugee camp
in Syria.
On Tuesday morning, Justice Christopher Horan announced the court would dismiss
an appeal on the case.
The court is of the view the appeal should be dismissed, I publish our reasons,”
he said.
Over two days in early May, a panel of three judges heard the appeal brought by
litigation guardian Save the Children Australia on behalf of 31 women and
children at the Al-Roj camp in Northeast Syria.
The 11 Australian women and 20 children have lost their case in the Federal
Court. Picture: Save the Children Australia
Last November, Justice Mark Moshinsky rejected an initial application seeking
the court issue a writ of habeas corpus — effectively requiring the Australian
government to bring the group home.
The women, some of whom were children at the time, travelled to Syria to become
brides of Islamic State fighters before the self-described caliphate collapsed
in 2019.
Thirty-four women and children with Australian citizenship, or eligibility for
citizenship, remain in the Al-Roj camp controlled by the Autonomous
Administration of North and East Syria (AANES).
Australian women and their children remain in the North East Syrian refugee
camp. Picture: Save the Children Australia
Save the Children Australia had argued the government has a “legal and moral
obligation” to act, while the Australian government argued AANES held “complete
and unfettered discretion” over the detainees and therefore it couldn’t be
compelled to repatriate them.
The judgment, by Chief Justice Debra Mortimer, Justice Geoffrey Kennett and
Justice Horan, dismissed all grounds of appeal on Tuesday.
But they three judges said the deceive before the court demonstrates that if the
government had the “political will” to do so, repatriations would be a
relatively straightforward exercise.
Save the Children Australia chief executive Mat Tinkler said the organisation
will now consider next steps in support of the women and children who have been
detained in the camps for more than five years.
“Despite the ruling, we appeal to the Government to end this relentless limbo
and finish what they started almost two years ago, by repatriating the remaining
children and their mothers before it is too late,” he said.
Originally published as Federal Court rejects legal effort to force reparation
of women and children in Syrian detention camps
*
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