SA: Woomera brothers seek court order to live with father
(Eds: Under normal Family Court rules, the names of those appearing cannot be published.
However, the court has granted leave for the names in this case to be released.)
By Sam Lienert
ADELAIDE, Aug 12 AAP - Two boys in the Woomera detention centre who failed in a recentbid to gain asylum from Britain today sought a court order to be reunited with their fatherin Sydney.
Brothers Alamdar and Montazar Baktiari, aged 13 and 12, applied to the Family Courtin Adelaide to be released from immigration detention and moved to live with their father,Ali, who is living in Sydney on a temporary protection visa.
Mr Baktiari also filed an affidavit supporting the application.
The boys were part of a mass breakout from the Woomera detention centre in June, andwalked into the British Consulate-General in Melbourne last month to request asylum.
But the British government rejected their bid, and they were returned to Woomera, hoursbefore Mr Baktiari - present in court today - arrived in Melbourne after flying from Sydneyto try to meet with his sons.
Family Court Justice Rodney Burr today described a psychologist's report on the healthof the two boys as "disturbing" and said he regarded the matter as urgent.
"The factual circumstances of the matter are disturbing as to the evidence presented,"
Justice Burr said.
"On the information before the court it is alarming and I would personally considerthe matter an urgent one.
"I would not want these boys to suffer any more than they need to."
But lawyer Geoffrey Kennett, representing Immigration Minister Philip Ruddock, arguedthe court did not have the power to determine whether or not the boys should be released,because of their status under the migration act.
He said a date should be set to determine the issue of the court's powers, before JusticeBurr decided whether or not a further hearing was needed to determine whether the courtshould order the boys be released.
Justice Burr agreed that the issue of the court's powers in the case had to be resolvedbefore it could go on to determine the issue of whether it should order the boys to bemoved.
But he said the case was of such urgency that a future court timeslot should be foundwhen enough time was available to consider both issues.
Justice Burr adjourned the hearing until September 6, but told lawyers he would instructthe court's listings coordinator to find the first available four-day timeslot.
He also gave permission for media to report the identity of the boys and today's proceedings,waiving normal Family Court restrictions because of the high level of public interest,and because lawyers for the boys and their father consented.
AAP scl/tjd/sdh/de
KEYWORD: DETENTION COURT
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