The full bench of the Federal Court of Australia has stated that if the government had the political will, repatriating Australian women and children from Syrian detention camps would be a straightforward exercise. However, the court dismissed an appeal by Save the Children, ruling that there is no legal obligation on the government to bring them home.
Approximately 40 Australians—10 women and 30 children—are held in camps in North Syria, including the squalid Roj camp near the Turkish border and Al Hol camp near Iraq. They are the wives, widows, and children of deceased or imprisoned Islamic State fighters. None have been charged with a crime or face an arrest warrant. Conditions are dire, with the Red Cross reporting rampant illness, malnutrition, and extreme volatility.
Chief Justice Debra Mortimer and justices Geoffrey Kennett and Christopher Horan accepted evidence that many countries, including Australia, have successfully repatriated citizens from the camps with Kurdish assistance. They noted that while the Commonwealth has the means to end the detention, it does not exercise effective control over the detainees. Save the Children CEO Mat Tinkler expressed disappointment, stating that the government could end the children's suffering immediately but chooses not to act.
Australia has conducted two repatriations: in 2019, eight orphaned children were returned, and in 2022, four women and 13 children were brought back to New South Wales. The government had planned further repatriations but abandoned them amid political backlash and hostile media coverage. Home Affairs Minister Clare O'Neil previously defended the 2022 mission, questioning whether it is better for children to grow up in squalid camps exposed to radical ideology.
