The Federal Court has given a temporary reprieve to an asylum seeker family who wants to remain in Brisbane to access medical treatment for their sick newborn son.
The Myanmar family was transferred from detention on Nauru to transit accommodation in Brisbane before their baby's birth.
Their lawyers argued that they should be allowed to stay because the infant was born in Australia and they would fear for his health if they were to be returned to the offshore camp.
The infant, named Faris, has suffered respiratory and feeding problems since his birth in Brisbane's Mater Hospital.
This afternoon, the court ruled the Commonwealth must give the family two days' notice before any further attempt to return them to Nauru.
The ruling comes just days after the UN's refugee agency warned that Australia's approach to dealing with asylum seekers may be in breach of international law.
The UNHCR released two reports on the Nauru and Manus Island detention centres, raising serious concerns about the living conditions.
A spokeswoman for Maurice Blackburn lawyers says the Commonwealth has now come to the table and discussions are underway to see if the family can remain in Australia.
The spokeswoman says that is something lawyers will not be compromising on.
Lawyers have previously said that a ruling in the refugee family's favour could set a legal precedent in terms of the consideration of health information and the rights of a newborn to remain in Australia.
Boat arrivals for November lowest in 5 years
Meanwhile, Immigration Minister Scott Morrison says the number of boat arrivals this month is the lowest for November in five years.
Addressing the media at his weekly media briefing on asylum seeker issues, Mr Morrison said that since Operation Sovereign Borders - the Federal Government's effort to deter boat arrivals - began, 751 people had illegally arrived on 15 boats.
"Under the previous government, after the announcement of the Regional Settlement Agreement, 461 people not including crew were turning up on boats every week," he said.
Asylum seeker arrivals
Keep up to date with the number of asylum seekers arriving under the Operation Sovereign Borders regime.
"Since the commencement of Operation Sovereign Borders, that has fallen to 78 people illegally arriving per week on two boats, not including crew.
"The average number of people on boats, from 72 per boat in that period I referred to just then to now, [is] just 50, demonstrating that people smugglers are finding it harder and harder to get their ventures together and get them away."
The Commander of Operation Sovereign Borders, Lieutenant General Angus Campbell, told the briefing that the monsoon season in northern Australia, from November to April, was a particularly hazardous time to make the journey to Australia.
"Cyclones, driving rains and consistently large waves of up to 4 metres are common during this time," he said, citing tropical cyclone Alessia - which made landfall south of Darwin this week.
"At that time vessels on patrol hundreds of kilometres away reported waves of 4 metres and winds of 60kph.
"These vessels are well-equipped, professionally crewed and in good repair. The types of vessels used by people smugglers are often not."
Source: http://www.news.myanmaronlinecentre.com/2013/11/29/asylum-seeker-family-from-myanmar-allowed-to-stay-in-australia-temporarily/
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