Today’s High Court decision entrenched the legal basis for off-shore processing of asylum seekers and this decision cannot be ignored. Central to the decision was a retrospective amendment to the Migration Act which was passed by the Australian Parliament shortly after the case was initiated and which validated the offshore processing of asylum seekers.

The High Court ruling threatens to inflict further damage to already traumatized 267 people, including up to 80 children, who are currently in Australia but are at risk of being transferred to Nauru following the High Court’s decision. Most of these people were reportedly brought to Australia from Nauru to receive medical treatment and are in a fragile physical and mental state. The group includes more than 12 women and at least one child who have allegedly suffered sexual assault or harassment while in Nauru. The group also includes 37 children born in Australia.

I am particularly concerned that implementation of the High Court decision and sending these children to Nauru could contravene Australia’s obligations under the Convention on the Rights of the Child. Australia is signatory to this convention and children, regardless of their legal status, have the right to be treated as children first and foremost, and the best interests of the child takes precedence over migration management or administrative considerations. For more see my 2004 report at: https://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/projects/last-resort-report-national-inquiry-children
It is time to exercise compassion. I therefore urge the Australian Government to refrain from transferring all concerned individuals to Nauru.https://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/projects/last-resort-report-national-inquiry-children