16th October, 2014
The head of the Australian Churches Refugee Taskforce has expressed his "great sadness" at a decision handed down by the Federal Circuit Court in Brisbane on Wednesday in which it ruled that Ferouz Myuddin, an 11-month-old baby born in Brisbane’s Mater Hospital last year, had entered Australia by sea.
The hearing came after the Federal Government previously rejected a protection visa application for Ferouz on the basis that he was an unauthorised maritime arrival. On Wednesday, Judge Michael Jarrett dismissed an application by lawyers aimed at having that decision overturned.
In a statement released following the decision, Rev Dr Peter Catt, chairman of the ACRT and dean of Brisbane’s Anglican cathedral, said the decision meant babies born in Australian immigration centres "are essentially unauthorised maritime arrivals".
He said the group was now "extremely fearful" with regard to the fate of 100 babies and their families. "They could be sent offshore in 24 hours time, to the hellish conditions we know exist as Nauru".
Rev Dr Catt said in the statement that it was "deeply disturbing" that Immigration Minister Scott Morrison "has so desperately sought to deny baby Ferouz a fair chance at having his claim for protection and possible Australian citizenship heard". "How can we rationally call babies born in Australia ‘boat people’?"
Ferouz is the son of asylum seekers from the Muslim Rohinygar minority in Myanmar who were on Nauru until they were flown to Brisbane late last year so he could be born by caesarian section. They are currently being held in detention in Darwin.
Murray Watt, a lawyer representing Ferouz, told the ABC the decision means Ferouz and his family are now able to be transferred to detention in Nauru. He said they will be lodging an urgent appeal.
– DAVID ADAMS
