On Sunday afternoon a strawberry cheesecake was denied entry to the Melbourne Immigration Detention Centre (MITA).
The cake’s destination was the visiting room where would-be recipient Tharunicaa was excitedly waiting to celebrate her second birthday. The same day, Peter Dutton appeared on Insiders saying he had “got all children out of detention here in Australia”.
Tharunicaa has been held at the detention centre with her parents and four-year-old sister Kopika after they were taken from their Biloela home in a pre-dawn raid by Border Force over 15 months ago.
Tharunicaa turned one in the same detention centre last year. A cake was refused on that occasion, so her parents, Priya and Nades, made every effort to have the required forms filled out so their friends could bring a cake this week. Crikey has seen the forms the child’s father filled out and submitted asking for permission for the birthday cake to be brought into the visit room.
Yesterday Crikey sent copies of the forms to the department’s media team and asked Border Force why the cake had been denied entry but only received a reply directing us to the ABF website.
Commissioner’s concerns
The two-year-old was the subject of extensive reporting in May this year when she finally received medical attention for a mouth infection which was preventing her from eating solids.
After the ensuing coverage Liana Buchanan, the Victorian Commissioner for Children and Young People, publicly requested Border Force allow her to visit MITA. Buchanan was finally granted a visit last week, noteworthy in that it was the first time the children’s commissioner had been given access to the centre since she started her role over two years ago.
Crikey has been aware of infants and children in MITA since a baby, Isabella, was born to a mother detained at the facility in March 2018. Currently there are four small girls aged between one and four and a 17 year old boy in the centre.
Yesterday Buchanan told Crikey she had completed that first visit of children and their parents at MITA. “I remain keen to ensure appropriate and timely medical care and access to developmental opportunities, including preschool, for all detained children,” she said.
Preschool is currently not available to Tharunicaa or Kopika.
“I stress that it is the position of Australia’s Children’s Commissioners and Guardians that children should not be in immigration detention, so I am working to safeguard their wellbeing to the extent possible in that environment. The recent United Nation opinion on the detention of one particular mother and her child certainly reflects concerns I share regarding their detention.”
The commissioner is referring to a recent report from the UN Working Group on Arbitrary Detention addressing Isabella’s detention. The report said that Isabella’s situation “undoubtedly qualifies as detention” and that she should not be detained due to the migratory status of her parents.
4 yr old Kopika has been in a Detention centre since March last year – she tells me guards wouldn't let a birthday cake in yesterday for her 2 yr old sister the same day @PeterDutton_MP told @annabelcrabb there were no children in detention in Aus. Story tomorrow @crikey_news pic.twitter.com/o9fgQArN9L
— Rebekah Holt (@rebekahhlt) June 17, 2019
Defining “detention”
Border Force has previously disputed the definition of detention regarding baby Isabella and her mother Huyen, who are held in the same unit with Tharunicaa and her family. Lawyers and the UN agree, semantics aside, that Isabella is a detained child.
Alison Battison, the lawyer representing Isabella, said that “the UN calls out the Australian government for detaining children despite the government classifying some of these children as ‘guests'”.
“The UN Working Group opines that the Australian government in detaining children have breached their human rights as enshrined in the Universal Declaration of Human Rights and the ICCPR. These are foundation documents which Australia was involved in drafting following the horrors of World War II. It is embarrassing and deeply concerning to now be in breach.”
Battison says Isabella and her mother’s fate is at the discretion of the minister. “Despite the [UN] opinion being issued we have seen no indication Huyen and Isabella will be freed; this government continues to ignore the UN,” she said.
Crikey asked Home Affairs if Dutton could explain why he does not consider the children currently in MITA as being detained but received no answer before deadline.
Keneally draws a line
Labor Senator Kristina Keneally told Crikey that compassion needed to be exercised. “Honestly, are we now at the point of denying a two-year-old a birthday cake? No one denies there are rules in place, but surely common sense and compassion cuts in somewhere, even in the Morrison government,” Keneally said.
That two-year-old, Tharunicaa, wasn’t even born when her parents made their asylum claims but may represent the family’s last hope to stay in Australia.
The family’s lawyer Carina Ford says that “the consideration to lift the bar and consider non-refoulment claims for the youngest child remains ongoing with the minister and the Department of Home Affairs”.
That’s a lot of pressure on a two-year-old girl who Peter Dutton says isn’t in detention.
The obscene disgusting situation is even bigger than the obscene disgusting Dutton..How many Australians have acquired the imaginative intelligence or even the emotional intelligence let alone the rational intelligence to comprehend the disgust of the situation.?.apart from quite a lot of Australian indigenous peoples who know quite well similar situations from experience …
I should also admit ,that the disgust of the situation is beyond the levels of my intelligence , and as I have heard it’s in the superior capable hands of the Dept of Intelligence , I must concede to my own impotent awareness…It’s disgusting & obscene…
I have to admit ,the disgusting situation is beyond my levels of intelligence .I hear it’s all in the capable hands of the Dept of Intelligence and so I concede to my own impotent awareness ..It’s disgusting & obscene…
And furthermore ,this land ,this country ,is in need of a law that could come firmly down and wipe this practice out. This goes right to the moral fibre ,to the bone ,of what we are as people…
Agree. Dutton is a vile man. An example of the very worst a human being can be. And we are giving him more power.
Dutton shares with mafia dons, bikie gang leaders and leaders of prison gangs the need to be seen as an uncompromising hard man. Any compromise or second thought is regarded as a sign of weakness and thus a threat to their authority and reputation.
Imagination, compassion and reflection are not characteristics you find in such people. Sadly, those are the very qualities that a servant of the people should understand and be able to demonstrate.
If this is the best we can do, then we are not so much the lucky country and the lousy country.
If this is the best we can do, then are not so much the lucky country, and more like the lousy country.
People like Dutton are called sociopaths. Australians who voted LNP back in dont care , its the I’m all right Jack bugger you!” line of thinking !
Dutton is happy to make exceptions for white au pairs and drug syndicate members. He is corrupt, cruel and dangerous.
Meanwhile – https://www.theguardian.com/world/2019/jun/18/tampa-refugee-taken-in-by-new-zealand-wins-fulbright-scholarship
The fact this government was voted back in throws grave doubt over the morality of our nation. Surely the 2 year old born here is an Australian citizen. According to all reports both parents were contributing to the Biloela community and a majority of that community want the family returned; yet the entire family have been in detention for 12 months! Combine that with the ongoing saga of Manus & Nauru detention for up to six years of predominantly people who have committed NO CRIME. Yet their security is haphazardly handled by a probably underpaid bunch of personnel employed by some group with links to government members or their mates for gross overpayment. I almost wish their turns out to be a GOD if He or She could bring justice to this situation.
Robert no, you can’t be a citizen if you are born here. You are only a citizen if one parent is either a permanent resident or a citizen. Otherwise you have the citizenship of wherever the parents passports come from. Sadly. Unless the child stays here 10 years and then there is another option.
Nola
People shouldn’t hate. I don’t hate any human being. But how can you not hate what Dutton is doing to his unconvicted, uncharged, innocent prisoners and through them to us?