30 October 2014
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Ferouz Myuddin, born in Brisbane’s Mater Hospital in November 2013 after his mother Latifar, an asylum seeker, was flown in from detention on Nauru because she needed a Caesarean section, has been deemed by Federal Court judge Michael Jarrett to be an “unauthorised maritime arrival“, and therefore cannot apply for the visa under current laws.
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The face of a criminal??
The family arrived at Christmas Island in September 2013, having fled Myanmar citing persecution for being part of the Muslim Rohingyar minority.
Much of Judge Jarrett’s ruling examined the concept of how baby Ferouz “entered Australia”, and whether the interpretation of the legislation applied to his birth. However, he found that the law determined any asylum seeker who arrived by means other than an aircraft was deemed an unauthorised maritime arrival.
Shaun Micallef considers the threat to national security threat posed by such unauthorised arrivals.
