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LCA responds to latest Nauru development
The Law Council of Australia has responded to reports that all asylum seeker children will be removed from Nauru by the end of the year.
Emma Musgrave
Yesterday, former attorney-general George Brandis, now Australia's high commissioner to the UK, told a London radio station that the Australian government is set to transfer all children currently detained in Nauru's immigration detention centre off the island by the conclusion of 2018.
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"There are hardly any children in Nauru and [Papua] New Guinea and we expect that by the end of this year there will be none," Mr Brandis said.
According to the ABC, Prime Minister Scott Morrison and Home Affairs Minister Peter Dutton have not disputed the claims, nor the timeline, saying they are working on this issue quietly and without "showboating".
Speaking on behalf of the LCA, president Morry Bailes said that the legal profession is "cautiously welcoming media reports that all asylum seeker children will be removed from Nauru by the end of the year".
He noted that if the reports were correct it was "very positive news", but added that the Australian government "must ensure that families are relocated together".
“Reports [last week], including comments by the former attorney-general George Brandis, that all asylum seeker children on Nauru will be relocated to Australia by the end of the year is certainly welcome, if long overdue,” Mr Bailes said.
“As part of this process, we urge the government to move the children with their families, to minimise the risk of further dislocation and trauma."
Mr Bailes said removing asylum seeker children from Nauru is not just a medical necessity, but also falls in line with Australia's obligations under domestic and international law.
“The United Nations Convention on the Rights of the Child requires that in all actions concerning children, the best interests of the child be the primary consideration. Keeping children with their families is central to that," he said.
“Indefinite detention of children for the purpose of determining their immigration status will never comply with this convention.
“It now appears that the Australian government is finally acting on its responsibility for the health and safety of those asylum seeker children and relocating them. The next step is to develop a long-term, durable response to irregular migration and solutions for adult refugees and asylum seekers who are currently in offshore detention conditions in line with Australia’s international obligations."
