Federal Circuit Court and the Government sentence babies to horrific conditions on Nauru

Today the Federal Circuit Court ruled that baby Ferouz, born in a Brisbane hospital, is not able to stay in Australia as a refugee.

His family fled Burma after facing persecution as members of the Rohingyar minority. They arrived in Australia in September last year and are subject to the former Government’s policy of detaining offshore all people arriving by boat from July 19 2013.

It is manifestly unjust to suggest that baby Ferouz, born on Australian soil, is deemed to have arrived by boat and will therefore be denied the same rights and freedoms as other Australian babies.

Today’s decision could see baby Ferouz and almost 100 babies just like him relegated to life in detention on Nauru in horrific conditions. Some 80 per cent of paediatricians, along with the Australian Medical Association, believe that mandatory detention of children is a form of abuse.

There is extensive evidence on the current unsafe and inhumane conditions on Nauru, including a lack of clean water, toilet facilities, medical care and allegations of sexual abuse of children.

No reasonable Australian would think it’s acceptable to send babies and children to live in the unsanitary and unsafe conditions on Nauru, without any opportunity to grow and develop.

Australia used to be a country that prided itself on welcoming others and giving people a fair go.  However, the Government continues to erode these precious community values through its inhumane treatment of refugees.

Even if the court had today made a different decision, the Government is making every effort to keep babies and children indefinitely detained on Nauru.

Immigration Minister, Scott Morrison, is trying to push through new legislation that will deny babies born in Australia the right to protection if their parents are asylum seekers who arrived by boat.

The same Bill includes a number of other inhumane measures to deny protection to thousands of refugees currently in Australia. This includes reducing life and death decisions to a rushed, cursory assessment, where the risk of returning people to harm or even death will be significant.

The ASRC will be fighting hard to stop the Government’s latest cruel measures to deny refugees, including babies born here, their right to protection and a safe life.

The Minister, Scott Morrison, must make an undertaking to not send these babies to Nauru while any appeal may be underway.