Vulnerable Australian children and their mothers remain stranded in Northeast Syria camps, after the High Court refused Save the Children’s application for special leave to appeal the case.
Save the Children Australia, acting as litigation guardian in the case seeking a writ of habeas corpus, is deeply disappointed but respects the decision of the court, which comes after the case was previously dismissed by the Federal Court of Australia.
Save the Children Australia CEO Mat Tinkler said the High Court’s decision did not change the fact that the Federal Government has a moral obligation to repatriate the families and could bring them home at any time, adding that no government should neglect its responsibilities to its citizens.
“We respect the decision of the High Court but remain deeply disappointed at the outcome. These innocent Australian children, and their mothers, should be brought home after five long years trapped in the camps,” Mr Tinkler said.
“Save the Children Australia made a commitment to these children and their mothers that we would do whatever it takes to bring them home. We will continue to advocate for the rights of these vulnerable children, who have been overlooked by their own government.”
“The Full Bench of Federal Court said in June that it would be a ‘relatively straightforward’ exercise for the Australian Government to bring these innocent children home now if it ‘had the political will’ to do so. This would allow the children to begin the healing process surrounded by their families in Australia, with access to the medical treatment and psychosocial care they need after an incredibly traumatic experience.”
“Australia’s robust social, national security and judicial systems have the proven ability to carry out these repatriations and reintegration safely – not just for the women and children, but for the entire community, as demonstrated by previous repatriations in 2019 and 2022.”
“These camps are one of the worst places in the world to be a child, and we retain grave fears for the safety of these innocent Australian children every day that they remain there.”
The Albanese Government previously repatriated 13 children along with their 4 mothers in October 2022. Eight Australian children were repatriated by the Morrison Government in 2019.
About 6,000 foreign children remain in Roj and Al Hol camps, where the risks to children have only become greater due to increasing violence across the region. They also deserve the chance to return to their home countries.
The two camps in Syria house people displaced five years ago following the collapse of ISIS and the fall of Al-Baghouz, the last Syrian village controlled by ISIS. Humanitarian conditions in the camps are dire – there’s a lack of food, water and few washing facilities – amid overcrowding and widespread violence and insecurity.
Save the Children has been working in Syria since 2012 and provides protection and support services in Roj and Al Hol camps, including child-friendly spaces. Since 2019, the international child rights organisation has been calling for the urgent repatriation of foreign nationals trapped in Northeast Syria.
ENDS
MEDIA CONTACT: Joshua McDonald on 0478 010 972 or Mala Darmadi on 0425 562 113 media.team@savethechildren.org.au
NOTES TO EDITOR
- Save the Children Australia sought special leave to appeal on a number of grounds including that the Federal Court erred in finding that the Government did not have sufficient control over the Australian women and children to compel their return. A litigation guardian is appointed when a litigant does not have the capacity to conduct their own litigation. In broad terms, a litigation guardian manages the legal affairs of a party to a proceeding in circumstances where they are unable to act for capacity reasons. In this case, Save the Children Australia is acting as the litigation guardian on the basis that children and their mothers are unable to properly instruct from Northeast Syria.
- The lawyers working on this case for the women and children acted pro bono. Legal advice was provided by Peter Morrissey SC, Emrys Nekvapil SC, Birchgrove Legal and Corrs Chambers Westgarth, with the support of junior barristers in Australia and London, including Doughty Street Chambers.