Government won't have to repatriate 31 Australians from Syria, judge rules

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Government won't have to repatriate 31 Australians from Syria, judge rules
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Eleven Australian women and 20 children in detention camps in northern Syria do not have to be repatriated by the Australian government, a Federal Court judge has ruled.

The Australian government won't be forced to repatriate 11 women and 20 children from detention camps in northern Syria after a ruling by a Federal Court judge. They're being held by the Autonomous Administration of North East Syria and its defence arm, the Syrian Democratic Forces. Save the Children launched the legal fight for their return, hopeful previous repatriations of women and children would be relied on by the court to force the federal government's hand.

But Justice Mark Moshinsky ruled on Friday that the Australian government did not have that control, and the case should be dismissed. Save the Children also sought a judicial review over what they said was a non-decision by the government on whether or not to repatriate. They argued the non-decision was in fact a decision not to seek the return of the women and children. Moshinsky dismissed the case on that ground also, finding there was no such decision to be reviewed.

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