BY SARAH STEPHEN

Last July, two children asked the Family Court to make the immigration minister release them from detention, because it was harmful to their welfare. The judge, however, found in October that the court did not have jurisdiction over children in immigration detention. On June 19, the day before World Refugee Day, that decision was overturned on appeal.

Chief Justice Alastair Nicholson and Justice Stephen O'Ryan found that the Family Court has a broad jurisdiction in relation to the welfare of children, including to protect children from abuse by third parties. Justice John Ellis disagreed with the ruling.

The ruling sends the children's case back to the original judge, who has to reconsider the matter.

South Australian lawyer Jeremy Moore, who has been representing the five children, told ABC news on June 19 that all 108 children in Australia's onshore detention centres will be “relying upon this decision to [be able to] ask the Family Court to let them out of those horrible places”.

The government is reportedly considering an appeal against the decision, based at least in part on the fact that the ruling was made with two judges in favour and one against.

Apparently convinced that detention centres don't hold families, immigration minister Philip Ruddock told Sydney radio 2GB on June 19 he disagreed with the decision, in part because: “The Family Court deals with family law matters.” His main argument, however, was that the decision would make Australia look a “soft touch” to people smugglers.

From Green Left Weekly, June 25, 2003.
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