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There is a test case currently being considered by the High Court of Australia that will determine whether the Minister for Immigration has the power to detain or deport children born in Australia, if that child is not an Australian citizen.
Parish Patience Immigration acts for a number of clients seeking orders preventing the detention or removal of children born in Australia who are under 10 years of age. It does not matter whether the child was born in an immigration detention centre, or if the child is born on an island that has been excised from the Australian migration zone.
So long as the child is born at a place within Australian sovereign territory,
Parish Patience Immigration says that there is a strong case
that the Minister for Immigration does not have the power
under the Australian Constitution to remove or detain that
child.
For further inquiries relating to the prevention of removal or detention of children born in Australia, contact our Nigel Dobbie, Senior Associate.
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