Coronavirus Australia: Stranded Aussies file legal action with the UN against the federal government

Australians advised by Geoffery Robertson QC say the federal government has banned them from entering their own country and launch case in Geneva.

Geoffery Robertson QC. Picture: Supplied

Stranded Aussies have filed legal action against the federal government in the United Nations’ Human Rights Committee in Geneva, over claims they were arbitrarily banned from entering their own country.

Under the guidance of world-renowned Human Rights lawyer Geoffery Robertson QC, the group of Australians declared their “right to return to the land of their birth or citizenship” was breached, despite willingness to comply with necessary public health measures upon arrival home, including a 14-day quarantine period.

“International law recognises the strong bond between individuals and their homeland and no respectable government would impose travel caps to prevent, for over a year, its citizens from returning if they are prepared to do quarantine,” Mr Robertson said.

“Both our political parties have, in the past, done what they can to help Australians overseas but Mr Morrison is behaving as if in a moral vacuum – he does not seem to care very much about the suffering caused to fellow Australians.”

Almost 500,000 Australians have returned home since the beginning of the coronavirus pandemic but there are still more than 36,000 Australians who remain overseas due to government enforced travel caps.

The petition to the UN Human Rights Committee claims the government breached two articles of the International Covenant on Civil and Political Rights, which Australia has ratified.

Article 12(4) protects a citizen‘s right to return home, while Article 2(3) requires a country to have an “effective remedy” when that right is breached.

The petition has been brought forward by a group called “StrandedAussies.org” made up of volunteers affected by the flight caps.

“The government is responsible for quarantine and has a duty to allow its citizens to return and enter into it – it should force the states to admit us and provide for them to increase their quarantine facilities,” said spokesperson Deborah Tellis.

“What it must not do is to breach international law.”

While all domestic legal remedies must be considered before a matter is taken to the UN Human Rights Committee, the group claims they have exhausted their options.

“[The group] cannot go to court to require the government to live up to its obligations to permit its citizens to return home,” a statement from StrandedAussies.org read.

“This is confirmed by Professor Kim Rubenstein, an expert on immigration law, who explains in her evidence that because Australia has no Bill of Rights, any court action would be futile.

“The only hope is that the High Court may discover an ‘implication’ in the Constitution that citizens should have this right. However, this would need a test case taking 3 years and would be prohibitively expensive.”

The group hopes taking the issue to the UN will “highlight what an unfeeling government Mr Morrison heads.”