Asylum Seeker Family Seek Injunction Against Being Sent To Nauru

Family and Newborn of Asylum Seeker Latifar

Latifa, her husband Niza, their 7 year-old daughter Habiba, four year-old son, Muddin and baby Ferouz at BITA, Pinkenba

Today Asylum Seeker Latifa and family went to the Federal Circuit Court to seek an injunction against being sent to Nauru.

After being transferred from Nauru to give birth to her son Ferouz, born at Mater Brisbane Hospital on November 6, Latifa and her family now face being sent back to Nauru. The family are currently being held at the Brisbane Immigration Transit Accommodation (BITA) centre. She was initially only able to visit her son between 10am and 4pm, but now mother and son are together permanently.

Refugee advocates claim that the facilities at Nauru are inappropriate for providing care to a new born. Advocates from Refugee Action Collective are assisting Latifa launch the legal challenge against being sent back to Nauru.

Protesters gathered today outside the Federal Circuit Court to show support for Latifa and her family.

I spoke to one of the supporters, Bradley, who attended the court hearing:

“I went and sat in the open court and heard the Lawyers for the Government basically trying to say the injunction against removal of Latifa and Ferouz doesn’t apply as there is no set date for removal and it is presumed they will be removed. The argument was that the current court it is held in doesn’t have jurisdiction to make a decision one way or another. They say it should be dealt with in the high court. Latifa’s lawyers I heard out of the courtroom say the case is unique in that Latifa come from a place which is deemed stateless. Since Ferouz was born on Australian soil he should be entitled to a protection visa and not be able to be legally deported. The case was adjourned till Fri at 3pm so the judge could read over several acts that the lawyers for the Government were quoting from. It would seem the most concern is that they will be taken removed from Australia before the case is even heard.”

Other asylum seekers with young children, and disabled asylum seekers, currently detained on mainland Australia who also face being sent to Nauru, may benefit from any decision that may arise out of this action.