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You can find the current article at its original source at http://www.theguardian.com/commentisfree/2014/apr/08/why-is-an-australian-baby-locked-up-in-detention
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| Why is an Australian baby locked up in detention? | Why is an Australian baby locked up in detention? |
| (35 minutes later) | |
| Last Friday night was one of the saddest | Last Friday night was one of the saddest |
| nights of my life. | nights of my life. |
| Accompanied by two colleagues, I had the | Accompanied by two colleagues, I had the |
| grim job of visiting a mum and dad at the Brisbane immigration detention | grim job of visiting a mum and dad at the Brisbane immigration detention |
| centre. We had to tell them that we had lost an | centre. We had to tell them that we had lost an |
| application for an urgent high court injunction to stop the federal government | application for an urgent high court injunction to stop the federal government |
| from forcibly removing them and their three children – including their six-month old baby, Ferouz – to Darwin the next morning. | from forcibly removing them and their three children – including their six-month old baby, Ferouz – to Darwin the next morning. |
| Naturally, they were distraught. They’ve already spent most of their lives on | Naturally, they were distraught. They’ve already spent most of their lives on |
| the move, first escaping terror in their villages in Burma, then to | the move, first escaping terror in their villages in Burma, then to |
| Malaysia, then Indonesia, before seeking protection in Australia. In the last seven months alone, they’ve been | Malaysia, then Indonesia, before seeking protection in Australia. In the last seven months alone, they’ve been |
| on Christmas Island, Nauru, Brisbane and now Darwin. All at the hands of our | on Christmas Island, Nauru, Brisbane and now Darwin. All at the hands of our |
| own government. | own government. |
| I’ve not practised much criminal law, but I | I’ve not practised much criminal law, but I |
| felt I was sending them off to a long prison sentence. And yet, they have | felt I was sending them off to a long prison sentence. And yet, they have |
| committed no crime. They have done nothing illegal, no matter | committed no crime. They have done nothing illegal, no matter |
| how much the Abbott government pretends otherwise. All they have done is what any parent would do | how much the Abbott government pretends otherwise. All they have done is what any parent would do |
| – seek a better life for their kids. | – seek a better life for their kids. |
| And can you blame them? They fled their | And can you blame them? They fled their |
| homes for a reason. The mum’s family home was confiscated by the Burmese | homes for a reason. The mum’s family home was confiscated by the Burmese |
| military regime, and she lost contact with her father after he was conscripted | military regime, and she lost contact with her father after he was conscripted |
| into forced labour. The dad’s own father | into forced labour. The dad’s own father |
| had been killed by the military when he was seven and he had been attacked by | had been killed by the military when he was seven and he had been attacked by |
| them as well. | them as well. |
| Sadly, this mistreatment has continued | Sadly, this mistreatment has continued |
| since they reached our shores. They were | since they reached our shores. They were |
| shunted from Christmas Island to the hellhole of Nauru, despite concerns for | shunted from Christmas Island to the hellhole of Nauru, despite concerns for |
| the mum’s pregnancy. | the mum’s pregnancy. |
| They then spent weeks in Australian | They then spent weeks in Australian |
| government-auspiced detention in Nauru, in conditions described last year by | government-auspiced detention in Nauru, in conditions described last year by |
| the United Nations as “inhumane” and not fit for children. UN inspectors found | the United Nations as “inhumane” and not fit for children. UN inspectors found |
| that the tents that accommodate families on Nauru are rat-infested, there is | that the tents that accommodate families on Nauru are rat-infested, there is |
| inadequate water and little shelter from extreme heat. | inadequate water and little shelter from extreme heat. |
| In November 2013, Ferouz’s mum was brought from | In November 2013, Ferouz’s mum was brought from |
| Nauru to Brisbane to give birth to him, due to pregnancy complications. Shortly after his birth, his mum was returned | Nauru to Brisbane to give birth to him, due to pregnancy complications. Shortly after his birth, his mum was returned |
| to detention and separated from him, while he remained in special care with | to detention and separated from him, while he remained in special care with |
| respiratory problems. They were then told they would be returned | respiratory problems. They were then told they would be returned |
| to Nauru at any time. This was, for the moment at least, prevented by taking urgent | to Nauru at any time. This was, for the moment at least, prevented by taking urgent |
| legal action. And now they have been taken thousands of | legal action. And now they have been taken thousands of |
| kilometres from the friends and support networks they have made in detention, | kilometres from the friends and support networks they have made in detention, |
| the doctors who are treating their children, and the lawyers who seek to enforce | the doctors who are treating their children, and the lawyers who seek to enforce |
| their basic legal rights. | their basic legal rights. |
| Ironically, this all happened the same week | Ironically, this all happened the same week |
| as the federal government announced the removal of legal aid for boat arrivals, | as the federal government announced the removal of legal aid for boat arrivals, |
| the imposition of extra costs on the pro bono lawyers who are supposed to fill | the imposition of extra costs on the pro bono lawyers who are supposed to fill |
| the void, and the dispatching of other asylum seekers who’ve legally challenged | the void, and the dispatching of other asylum seekers who’ve legally challenged |
| government decisions concerning them to farflung detention centres. | government decisions concerning them to farflung detention centres. |
| But the worst part is that Ferouz should | But the worst part is that Ferouz should |
| not be in detention at all. He was born | not be in detention at all. He was born |
| in Brisbane’s Mater Hospital, the very place where I, and my own children were | in Brisbane’s Mater Hospital, the very place where I, and my own children were |
| born. He holds a Queensland birth certificate. Until Saturday, he had never | born. He holds a Queensland birth certificate. Until Saturday, he had never |
| left Brisbane. | left Brisbane. |
| Despite this, the federal government argues, | Despite this, the federal government argues, |
| relying on a section of the Migration Act | relying on a section of the Migration Act |
| 1958, that Ferouz came to Australia by boat. They recently refused to consider his | 1958, that Ferouz came to Australia by boat. They recently refused to consider his |
| application for a protection visa, arguing that he is, in the Orwellian | application for a protection visa, arguing that he is, in the Orwellian |
| language of that Act, an “unauthorised maritime arrival”. That’s right, according to our government, a | language of that Act, an “unauthorised maritime arrival”. That’s right, according to our government, a |
| boy born in Brisbane in fact came here by boat. | boy born in Brisbane in fact came here by boat. |
| I believe in certain fundamental truths. I | I believe in certain fundamental truths. I |
| believe that Ferouz is an Aussie. Even better, he’s a Queenslander. That’s why | believe that Ferouz is an Aussie. Even better, he’s a Queenslander. That’s why |
| we have lodged a high court challenge to this absurd decision. If we are correct, since Ferouz and his | we have lodged a high court challenge to this absurd decision. If we are correct, since Ferouz and his |
| family are not recognised as citizens in Burma or any other country, he is | |
| entitled to apply for Australian citizenship. In our very strong view, the Australian | entitled to apply for Australian citizenship. In our very strong view, the Australian |
| government is currently keeping an Australian child in detention. | government is currently keeping an Australian child in detention. |
| However, all the legal challenges in the | However, all the legal challenges in the |
| world won’t truly fix this stain on our nation. We must convince our fellow | world won’t truly fix this stain on our nation. We must convince our fellow |
| Australians that this cruelty has to stop. I get that, currently, most Australians | Australians that this cruelty has to stop. I get that, currently, most Australians |
| don’t have much sympathy for refugees. I | don’t have much sympathy for refugees. I |
| get that deaths at sea must be prevented. But I also get that Australians believe in | get that deaths at sea must be prevented. But I also get that Australians believe in |
| a “fair go”, and that what our government is doing, in our name, is anything | a “fair go”, and that what our government is doing, in our name, is anything |
| but fair. | but fair. |
| It’s not fair that children – or anyone for | It’s not fair that children – or anyone for |
| that matter – should be locked up for years on end, without any consideration | that matter – should be locked up for years on end, without any consideration |
| of their claims to protection. | of their claims to protection. |
| It’s not fair that the conditions in | It’s not fair that the conditions in |
| offshore detention camps, overseen by our own government, are dangerous, | offshore detention camps, overseen by our own government, are dangerous, |
| inhumane and deliberately designed to break people’s spirit. | inhumane and deliberately designed to break people’s spirit. |
| And it’s not fair that Australia – ranked | And it’s not fair that Australia – ranked |
| by the IMF as the 10th richest country in the world – should pass our refugee | by the IMF as the 10th richest country in the world – should pass our refugee |
| “problem” on to countries that are far poorer and less safe than many of the | “problem” on to countries that are far poorer and less safe than many of the |
| countries from which refugees come in the first place. | countries from which refugees come in the first place. |
| Australia can do better than this. Over our history, we have led the world in | Australia can do better than this. Over our history, we have led the world in |
| protecting others in distress, and in improving the rights and living | protecting others in distress, and in improving the rights and living |
| conditions of our citizens and those across the world. We should live up to our history. | conditions of our citizens and those across the world. We should live up to our history. |
| We’ll keep fighting for Ferouz and his | We’ll keep fighting for Ferouz and his |
| family, no matter how difficult the government makes it. And all of us who object to this shameful | family, no matter how difficult the government makes it. And all of us who object to this shameful |
| policy, must keep fighting to convince our fellow Australians that it is not | policy, must keep fighting to convince our fellow Australians that it is not |
| what our country is about. | what our country is about. |