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Family Court powers appeal to High Court

Tuesday, September 23, 2003

  • By: Alexis Goodstone
  • Organization: Public Interest Advocacy Centre
The Family Court decision holding that its welfare jurisdcition extends to the protection of children in immigration detention is subject to appeal to the High Court by the Minister. The application for special leave will be heard on 30 September 2003. Amnesty International, represented by the Public Interest Advoacy Centre, is intervening. In B and B v Minister for Immigration and Multicultural Affairs [2003] FamCA 451 the Court held that it has the power to release of children and may give directiosn about the nature and type of detention in which the children are held and may decide issues relating to medical and educational facilities available to children.
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