The Appeal of Mrs A.P., the woman who Department of Immigration (DIMIA) apparently wants to deport to Russia without her 6 month old baby and before the Family Court case is finalized, was commenced to be heard by the Full Court of the Family Court at Sydney (Corner Castlreagh St & Goulburn St, Sydney) on 17 Dec 02 at 9.30AM.
THE FULL COURT OF THE FAMILY COURT HAS NOW MADE A TEMPORARY ORDER THAT A.P. NOT BE REMOVED FROM AUSTRALIA PENDING THE DECISION OF THE FULL COURT OF THE FAMILY COURT IN RELATION TO THE APPEAL MATTERS.
On 17 Dec 02 the Department of Immigration refused to continue undertaking that A.P. not be removed pending the Courts decision;therefore a temporary interim order has been made.
In the previous Family Court hearing of Ms A.P., it was ruled that Immigration Law took precedence over Family Law, and that the Family Court was therefore powerless to act. Tuesday's appeal to the Full Bench of the Family Court is specifically to challenge this. A.P. currently has a stay on her deportation until the Full Court of the Family Court orders otherwise.
If lost, the 'migration outcome' could be that A.P. is deported to Russia where she has genuine (and well supported) fear of death, and that she never sees her baby again unless his father risks his life by voluntarily travelling to Russia, which is highly unlikely. Other confirmed deaths have already resulted from deportations, and there are clear and specific risks in A.P.'s case.
Another development is that the "Berowra 34", as we have become known, will soon become the "Berowra 50" or even the "Berowra 100"! This is in valid recognition of support for A.P's case made to Mr Ruddock's office last week. The Friends of Refugees North West, whose "territory" overlaps almost completely with the Berowra electorate, are keen to join our actions and have undertaken to each approach two neighbours to join as well. More on this as events develop....