Save the Children Australia has sought special leave to appeal to the High Court in the case of innocent Australian children, and their mothers, who are seeking repatriation from camps in Northeast Syria.
It comes after the full bench of Federal Court of Australia in June dismissed an appeal to compel the Australian Government to take action to bring the group home, on the basis that the Australian government did not have sufficient control over their detention to compel their return. That followed the initial landmark legal case heard by the Federal Court of Australia in September 2023, with the Hon Justice Mark Moshinsky delivering his judgement on 3 November 2023.
Save the Children Australia is acting as a litigation guardian in the case on behalf of 11 Australian children and their six mothers, who have been trapped in the camps for five years.
Save the Children Australia CEO Mat Tinkler said the responsibility to repatriate the group lies squarely with the Australian Government, and the child rights organisation was committed to strongly advocating for their safe return.
“We will leave no stone unturned in our efforts to bring about the repatriation of these innocent Australian children, and their mothers,” he said.
“They are living in sweltering desert heat without reliable electricity or access to suitable healthcare or education, and their situation is getting worse by the day.
“Australian citizenship must mean something, and we urge the Federal Government to end their suffering by immediately repatriating these families back home to safety in Australia. This would stop this legal action in its tracks.”
The Albanese Government previously repatriated 13 children along with their four mothers in October 2022 but has since refused to bring home the Australian citizens who remain in limbo. Eight Australian children were also repatriated by the Morrison Government in 2019.
More than 6,000 foreign children are trapped 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 safely return to their home countries.
Save the Children has been working in Syria since 2012 and provides protection and support services in Al Hol and Roj camps, including child-friendly spaces. Since 2019, the organisation has been calling for the urgent repatriation of foreign nationals trapped in Northeast Syria.
ENDS
MEDIA CONTACT: Holly Robertson on +61 414 546 656 or media.team@savethechildren.org.au