Deportation of a child by Australia is a violation of rights, says Commissioner for Children

By Charlie Dreaver for RNZ

The Children’s Commissioner is even more concerned about the deportation of a 15-year-old from Australia, now that he has had a briefing.

Judge Andrew Becroft sought information after the boy’s deportation was made public this week.

Last week, the Minister of Foreign Affairs, Nanaia Mahuta, was informed of the imminent deportation of the child.

The boy has a family here, but little information about the teenager has been made public to protect his privacy.

The minister says that the circumstances of the case are very complex, but has indicated that he is not a 501 deportee.

Mahuta said yesterday that New Zealand has not received any advice suggesting that Australia has violated international law.

However, Judge Becroft did not believe that Australia had adhered to its international obligations under the Convention on the Rights of the Child.

“It is the most signed convention in history, we cannot play fast and loose with it.

“I think there are many reasons to conclude, from what I know at this time, that while two countries have signed that convention, only one is actually implementing and complying with it,” he said.

Judge Becroft said he is even more concerned after the briefing.

“Why put him on a plane alone, without support, to a country where, I understand, we have to check this, he has never been before?”

“According to any analysis, it seems scandalous to me what we know so far and must be assumed by the highest authorities, and I understand that it is doing so,” he said.

Greg Barns of the Australian Lawyers Alliance echoed those concerns.

Australian authorities have indicated that the minor may have been voluntarily deported.

But Barns has vetoed it.

“Deporting a 15-year-old is always involuntary, whatever the child says.

“There is a total inequality of power here, you have the terrifying force of the Australian Border Force and a young child and to say that the child has consented to action seems to me simply extraordinary,” he said.

He said the convention clearly states that the best interests of the child must be given priority.

But he doesn’t see how Australia is acting in the best interest of the child.

“Children are placed in immigration detention and, although they may be separated from adults, they are in a facility that is completely inappropriate for children. It does not have any of the rehabilitation mechanisms or care that is required.

“Being then transferred to a plane with Border Force security would be a terrifying experience for the child,” he said.

He said New Zealand needed to take a position.

“It is getting to the point where Australia’s contempt for New Zealand on this issue both with adults and now, of course, with children is at such a level that New Zealand needs to crack down on Australia. , including complaints. on the world stage, “he said.

A spokesman for the Office of the Minister for Children, Kelvin Davis, said that any questions about Australia’s decisions were a matter for the Australian government.

Meanwhile, they said Oranga Tamariki had been working intensively with Australian and New Zealand authorities to “support the arrival of this young man.”