Tuesday, August 26, 2003

Ruddock to challenge Family Court ruling

Ruddock said it is unfortunate the Full Court of the Family Court made the decision. He said a successful High Court challenge could see the children returned to detention.

Tell me your fable...A fable...

Dale West from Centacare accompanied the children on the four hour journey from Port Augusta to Adelaide on Monday.

"This is a fairly euphoric time for them and we would expect that to be the case for the first 24 to 48 hours," he said.

"What of course we need to be very vigilant about is the impact on the children of all the attention of the days brought, of all the uncertainties of the last few weeks and of course the prolonged terms of detention that they've all served."

The fable...The fable...Ahh...

The Immigration Minister, Philip Ruddock, has vowed to challenge a Family Court ruling that granted the release of five children from detention.

But if he chose to lead by example then he would not be letting down all the parents and carers in Australia who know better.

On Monday, the Full Court of the Family Court upheld an appeal for the release of the five children, who are from one family of asylum seekers. Most likely under the heading Paramount Welfare.

The three girls and two boys have been placed in the care of Catholic welfare agency Centacare.

But Ruddock said it is unfortunate the Full Court of the Family Court made the decision. He said a successful High Court challenge could see the children returned to detention.

[Sounds like he's trying to buy the High Court decision?]

Ruddock says the matter will be heard in the High Court late next month.

"I think it's unfortunate that the court has in a sense dealt with these matters in a pre-emptive way because in doing so, by granting interlocutory relief which they've done here, there is the potential for the children to be at large for a time then re-detained if the High Court determines the Family Court has acted beyond jurisdiction," he said.

[But I think it is fortunate that the court has in a sense dealt with these matters with respect to the children because in doing so, by granting interlocutory relief, which they've done here, there is the potential for the children to be with the community.]

Tasmanian Independent Senator Brian Harradine says a decision in South Australia's Family Court vindicates his push for the release of all the children from immigration detention.

"there was a public outcry in Britan when it was revealed four children had been held in detention there for more than a year."

Senator Harradine says he and his supporters will be using the next parliamentary sitting to put further pressure on the immigration Minister, Phillip Ruddock.

"We'll be particularly focusing on the Minister's responses so that he does give an unequivocal response that all children behind bars should not be there."

[Most likely based on the rule that all children are innocent.]

The long-term future of the five children depends on a hearing in the High Court next month.

"The Commonwealth's view is that the Family Court is involving themselves in these questions and acting outside its jurisdiction."

"That's the view the Commonwealth holds and that's the reason we're testing the matter before the High Court."

[What? The children are not children? If our Commonwealth holds that view then we need don't need a Commonwealth.]

Premier Mike Rann welcomed the Family Court decision and the children's release.

"I think that it is iniquitous for a country like Australia to hold children in detention," he said.

"One can only guess at what damage that could do them, I have great confidence in Centacare, I think Centacare on so many fronts does so many good things for people, including the difficult area of advocating on behalf of refugees.

"I'm glad that the children have been released into their care," he said.

Tell me your fable...
A fable...
A fable...
A fable that will never end...
And now, I dream!
Dream!
Dream!

By Gregory Kable and Robert Miles 26 August 03

Related:

Children in Baxter Detention Centre: Tell me a fable...
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New South Wales Premier Bob Carr says a protest outside Immigration Minister Philip Ruddock's Sydney home should have been called off for moral reasons. Mr Carr says people who want to protest against the Federal Government's immigration policies should do it in Sydney's CBD, not outside Mr Ruddock's home.

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