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You can find the current article at its original source at http://www.theguardian.com/australia-news/2016/feb/21/baby-asha-community-detention-negotiations-follow-hospital-protests
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Baby Asha may go to community detention, not Nauru – reports | Baby Asha may go to community detention, not Nauru – reports |
(about 2 hours later) | |
Negotiations were reportedly under way on Sunday morning to see if Baby Asha and her family could be transferred to community detention, rather than sent back to Nauru. | Negotiations were reportedly under way on Sunday morning to see if Baby Asha and her family could be transferred to community detention, rather than sent back to Nauru. |
Related: Baby Asha: protest swells at hospital amid fears of imminent removal | Related: Baby Asha: protest swells at hospital amid fears of imminent removal |
Doctors at Lady Cilento children’s hospital in Brisbane have refused to release the one-year-old, known as Baby Asha, to detention centre guards, lest she be returned to an offshore detention centre. | Doctors at Lady Cilento children’s hospital in Brisbane have refused to release the one-year-old, known as Baby Asha, to detention centre guards, lest she be returned to an offshore detention centre. |
Hundreds of protesters surrounded the exits of the hospital on Saturday night and checked cars that were leaving to make sure Asha, who was born in Australia to Nepalese Christian asylum seeker parents, was not being smuggled out. | Hundreds of protesters surrounded the exits of the hospital on Saturday night and checked cars that were leaving to make sure Asha, who was born in Australia to Nepalese Christian asylum seeker parents, was not being smuggled out. |
The Sunday Mail reported that the Department of Border Protection had reached a deal with doctors to transfer Asha and her family to community detention, the outcome sought by Asha’s family. | The Sunday Mail reported that the Department of Border Protection had reached a deal with doctors to transfer Asha and her family to community detention, the outcome sought by Asha’s family. |
However Queensland Health was yet to confirm the deal on Sunday. | However Queensland Health was yet to confirm the deal on Sunday. |
On Sunday morning a spokeswoman for immigration minister Peter Dutton said she could not comment on what had been classified as an operational matter, but said: “as the situation remains, Baby Asha and her mother are still at the hospital”. | On Sunday morning a spokeswoman for immigration minister Peter Dutton said she could not comment on what had been classified as an operational matter, but said: “as the situation remains, Baby Asha and her mother are still at the hospital”. |
Guardian Australia understands further negotiations were taking place on Sunday morning. | Guardian Australia understands further negotiations were taking place on Sunday morning. |
Prof Brian Owler, president of the Australian Medical Association (AMA), told Guardian Australia he was concerned at reports that security guards would be sent to forcibly remove Asha from the hospital, saying it would be a violation of Australia’s duty of care for Asha to be returned to Nauru. | Prof Brian Owler, president of the Australian Medical Association (AMA), told Guardian Australia he was concerned at reports that security guards would be sent to forcibly remove Asha from the hospital, saying it would be a violation of Australia’s duty of care for Asha to be returned to Nauru. |
“I spoke to a number of people last night including Bill Shorten, who then called the prime minister to seek reassurance that this would not happen,” Owler told Guardian Australia. “While it wasn’t confirmed that that wouldn’t happen ... the issue was at least raised with him.” | “I spoke to a number of people last night including Bill Shorten, who then called the prime minister to seek reassurance that this would not happen,” Owler told Guardian Australia. “While it wasn’t confirmed that that wouldn’t happen ... the issue was at least raised with him.” |
Concern Asha and would be moved was heightened on Saturday when her mother was placed in a communication blackout and was unable to be contacted by her lawyers or her advocate, Natasha Blucher. Transfers are commonly preceded by communication blackouts. | Concern Asha and would be moved was heightened on Saturday when her mother was placed in a communication blackout and was unable to be contacted by her lawyers or her advocate, Natasha Blucher. Transfers are commonly preceded by communication blackouts. |
Blucher told Guardian Australia on Sunday that she had still not been able to get in touch with Asha’s mother. | Blucher told Guardian Australia on Sunday that she had still not been able to get in touch with Asha’s mother. |
Owler said doctors at the hospital had an “absolute ethical obligation” not to release Asha until they were certain she had a safe place to go saying: “you are not allowed to release a child into any situation where they might be exposed to harm. It is absolutely shown that offshore detention is harmful to children. | Owler said doctors at the hospital had an “absolute ethical obligation” not to release Asha until they were certain she had a safe place to go saying: “you are not allowed to release a child into any situation where they might be exposed to harm. It is absolutely shown that offshore detention is harmful to children. |
He said the AMA fully supported the Brisbane hospital staff. | He said the AMA fully supported the Brisbane hospital staff. |
“Of course there’s an ethical and moral obligation on them to keep that child in hospital. You wouldn’t expect them to release any child back into that situation so why would you expect them to do it to an asylum seeker? | “Of course there’s an ethical and moral obligation on them to keep that child in hospital. You wouldn’t expect them to release any child back into that situation so why would you expect them to do it to an asylum seeker? |
“This is not a grey area, it’s very clear what your obligations are.” | “This is not a grey area, it’s very clear what your obligations are.” |
However Owler said he did not support a boycott of the offshore processing system, which is being pushed by some in the medical profession, saying that it would not stop Australian doctors from going to treat people, and would just encourage the centres to hire more doctors from overseas. | However Owler said he did not support a boycott of the offshore processing system, which is being pushed by some in the medical profession, saying that it would not stop Australian doctors from going to treat people, and would just encourage the centres to hire more doctors from overseas. |
Asha was born in Australia but transferred to Nauru with her family at the age of five months. She returned to Australia and was taken to hospital several weeks ago after being burned with boiling water on Nauru. | Asha was born in Australia but transferred to Nauru with her family at the age of five months. She returned to Australia and was taken to hospital several weeks ago after being burned with boiling water on Nauru. |
She and her family are among the 267 asylum seekers subject to a recent high court decision, which upheld the legality of the offshore processing system. | She and her family are among the 267 asylum seekers subject to a recent high court decision, which upheld the legality of the offshore processing system. |
Related: Doctors to propose boycott of Australian immigration detention system | Related: Doctors to propose boycott of Australian immigration detention system |
At a forum in Sydney on Sunday, the AMA planned to call for a moratorium on children being sent back to detention centres, the immediate release of all children in both offshore and onshore detention centres, the establishment of a transparent and independent national statutory body of clinical experts to investigate the health and welfare of asylum seekers, and a revision of government policies. | At a forum in Sydney on Sunday, the AMA planned to call for a moratorium on children being sent back to detention centres, the immediate release of all children in both offshore and onshore detention centres, the establishment of a transparent and independent national statutory body of clinical experts to investigate the health and welfare of asylum seekers, and a revision of government policies. |
In his speech to the forum, a copy of which has been seen by Guardian Australia, Owler described the centres as “state sanctioned child abuse” and said the Department of Immigration and Border Protection was “pulling apart the moral fabric of this country.” | In his speech to the forum, a copy of which has been seen by Guardian Australia, Owler described the centres as “state sanctioned child abuse” and said the Department of Immigration and Border Protection was “pulling apart the moral fabric of this country.” |
“There are times, in any nation, where the medical profession must act in the interests not only of our patients as individuals, or for patients in a health system, but it must act in the national interest,” Owler said. | “There are times, in any nation, where the medical profession must act in the interests not only of our patients as individuals, or for patients in a health system, but it must act in the national interest,” Owler said. |
In a statement on Sunday, Labor’s immigration and border protection spokesman, Richard Marles, said Asha’s care “must be in accordance with treating doctors’ advice” and called on the government to handle the case “with sensitivity” and in accordance with its international obligations. | |
“The government must give an assurance to the Australian community that it is caring for Baby Asha in this way,” Marles said. | |
He did not comment on the possibility of her return to Nauru. |