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Save the Children bids to save 11 Australian women from Syrian refugee camp
The Australian government’s repatriation of women and children from a “piteous” Syrian refugee camp is evidence of the Commonwealth’s ability to save more people, lawyers from Save the Children argued.
Naomi Neilson
During the first day of a hearing before the Federal Court, barrister Peter Morrissey said the situation of 11 women and 20 children who are currently languishing in “poor conditions” inside the al-Roj camp in northern Syria is “stark and dire” and needs urgent assistance.
On behalf of Save the Children Australia, Mr Morrissey is seeking a writ of habeas corpus that would compel the government to bring the women – some wives and widows of Islamic State fighters – before an Australian court to determine the legality of their detention.
If the court finds habeas corpus is not available, Save the Children has sought a review of the decision made by the Commonwealth to not take all “reasonable steps” to secure their release.
The organisation is relying on undisputed evidence of repatriation of four women and 13 children from al-Roj last October, which Mr Morrissey submitted is evidence the Commonwealth has control.
Further, Mr Morrissey said all women are citizens of Australia and none have been charged with a crime, indicating they are being held in the camp without a lawful basis for detention.
In its written opening submissions, Save the Children said the government provides financial and other support for “construction and maintenance” of detention facilities in north-east Syria.
The organisation added Australia also funds a number of humanitarian groups that provide assistance to the camps.
Commonwealth barrister Chris Lenehan submitted that the government does not have the ability to effect the writ and argued that any repatriation would be contingent on agreement to conditions, which was the direct opposite of control.
“Merely being able to ask for a person’s release and even having the high hopes that request would be successful could never be enough in an Australian constitutional context to constitute control,” he said.
The hearing will continue on Thursday.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
