Ms N. now detained by the Secretary of the Commonwealth Department of Immigration, Indigenous and Multicultural Affairs (DIMIA) in Stage Two of Villawood Detention Centre, Birmingham St Villawood , NSW after a recent hearing in the Refugee Review Tribunal, pursuant to the relevant provisions of the Migration Act (Cth) where she resides there with 3 of her five children. The mother is a non-citizen and liable to be removed from Australia or may be removed imminently pursuant to the provisions of the Migration Act 1958.
Ms N. came to Australia in 1989 on a tourist/visitor visa this was extended once and she was to be sponsored by her brother who was an Australian citizen, this was rejected. Ms N. then married M.K. He was not an Australian citizen or a permanent resident. In 1989 she gave birth to 4 children. S. M. born 18/12/1992, this child is now an Australian citizen by law. J.T. born 26th August 1994. M. born 6th August 1998. L. 26th August 2000. She then had another child G. N. born 3rd September 2001 with an Australian citizen. Mr. S.N. of Liverpool. This child is an Australian citizen by birth.
Ms N. had suffered domestic violence in her first marriage. She and the older children has suffered separation anxiety since the detention.
Ms N. was working at Western Foods and was brought to the attention of the Immigration Department, and placed into detention on 31st July 2002. Both mother and father have a joint serious concern for the future health, education and welfare of the children.
Their solicitor is currently seeking leave of the Court to file and pursue this application for interim orders for non-removal pending the outcome of family proceedings or if possible a permanent order or such other orders as the court thinks fit.