SA: Woomera boys' mental health assessment disturbing - judge

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SA: Woomera boys' mental health assessment disturbing - judge

(Eds note: 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 - A report into the mental health of two boys at the Woomera detentioncentre was alarming and something needed to be done urgently, a Family Court judge saidtoday.

The two brothers, Alamdar and Montazar Baktiari, aged 13 and 12, today sought an orderfrom the court to be released from immigration detention and reunited with their father,Ali, in Sydney.

Mr Baktiari, who is living in Sydney on a temporary protection visa, was present incourt today and has filed an affidavit supporting his sons' application.

Family Court Justice Rodney Burr said an assessment of the boys' psychological healthwas very disturbing and 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."

The two boys were part of a mass breakout from the Woomera detention centre in June,and walked 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 their father arrived in Melbourne after flying from Sydney to try to meet withhis sons.

Photographs of the boys crying as they were taken back into detention made front pagenews last month and reignited national debate over children being held in detention centres.

Immigration Minister Philip Ruddock is opposing the boys' court application.

His lawyer, Geoffrey Kennett, argued the court did not have the power to determinewhether or not the boys should be released, because of their status under the migrationact.

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 or not thecourt should 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 interestand because lawyers for the boys and their father consented.

AAP scl/mo/de

KEYWORD: DETENTION COURT NIGHTLEAD