Urgent appeal to be lodged in baby Ferouz case

15 October 2014
Maurice Blackburn Lawyers will lodge an urgent appeal on behalf of 11 month old baby Ferouz, following a finding by the Federal Circuit Court today in a landmark test case.

Maurice Blackburn Senior Associate Murray Watt said he had spoken to Ferouz’s parents this afternoon and on their instructions would be filing an urgent appeal, after the Federal Circuit Court deemed baby Ferouz, who was born in Brisbane’s Mater Hospital, to have entered Australia by sea.

“While we respect the decision of the Court, Ferouz’s family are obviously very distressed by today’s verdict,” Mr Watt said.

“All they have continued to seek for Ferouz is a fair go: Ferouz was born in Brisbane and has a Queensland birth certificate, and we remain firmly of the view that on that basis he should have the right to seek protection in Australia.

“Unfortunately, the court’s decision means that Ferouz is not eligible to apply for a Protection Visa and he and his family are now able to be transferred to detention on Nauru.

“The fate of Ferouz and 100 other babies like him now rests on the appeal and in the hands of Clive Palmer.

“Amendments to the Migration Act, which are currently before Federal Parliament, would result in the transfer of all the babies to Nauru, despite being born on Australian soil.

“It is now more critical than ever that all Australian members of Parliament – particularly those with the balance of power – vote against these amendments and let these Aussie kids stay.

“People around Australia have continued to be rightly appalled not just by the treatment of baby Ferouz and his family, but of all babies living in detention.

“As a country, we can do better than this. It is now the responsibility of the Australian Parliament to step up and to show some humanity, because no baby should have to endure being locked up behind razor wire in detention.

“As in the case of Ferouz, we will be urgently filing applications on behalf of the 100 other babies we act for, in response to today’s decision and will request that none of these babies be transferred offshore until the outcome of Ferouz’s appeal is known,” he said.

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