Government could repatriate Australian women and children from Syrian detention camps if it had ‘political will’, court says

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The federal court dismissed the case brought by Save the Children and ruled that the government had no legal obligation to bring them home

Australian women and children in the Roj camp in Syria could wait years to be rescued from what the home affairs minister has acknowledged is a dangerous and damaging detention.Australian women and children in the Roj camp in Syria could wait years to be rescued from what the home affairs minister has acknowledged is a dangerous and damaging detention.

Most have been held in the squalid Roj detention camp, near the Turkish border, for more than four years. Four are understood to be held in Al Hol detention camp nearer to Iraq. None have been charged with a crime or currently face a warrant for arrest.to compel the Australian government to take its citizens out of the Syrian camps was dismissed on Tuesday, with the court saying Australia’s capacity to repatriate its citizens did not amount to effective control of their detention.

The justices said it was “amply proven” that the commonwealth had the “means” to end the detention of the Australian women and children. “Our commitment to helping bring the remaining children back to Australia, where they belong, remains unshakeable regardless of today’s outcome,” Tinkler said. Australia has made two successful repatriations from the Syrian camps: in 2019 of eight orphaned children, including a pregnant teenager; and in October 2022, of four women and 13 children. All were returned to NSW.The government did intend to bring more Australian children and mothers home – the court heard evidence from Australian officials “noting the plan to repatriate further groups of women and children”.

 

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