A delegate for Home Affairs Minister Peter Dutton cancelled the woman’s visa for failing the character test.
A delegate for Home Affairs Minister Peter Dutton cancelled the woman’s visa for failing the character test.

Department overruled on refugee mum’s deportation

AN IRAQI refugee jailed for breaking her baby daughter's leg after "losing control'' has beaten a deportation order.

In a new decision on the "very sad case'', a tribunal found that the mother had been unable to cope with stress and post-natal depression.

It threw out a Home Affairs deportation order, ruling that it would be in the best interests of the woman's two Australian-born children that she stay in Australia.

The Sydney woman's baby daughter and two-year-old son were taken from her and put into foster care after she broke the baby's leg while changing a nappy in 2013.

The sentencing judge stated that a considerable amount of force would have been required to break that bone "in that manner".

A hospital examination revealed the baby had previous fractures to her arm and legs.

The woman waited 20 hours before taking the crying baby to hospital, where she lied to doctors that her son had fallen on the girl and broken her leg.

But she later told doctors and police that she had handled the baby roughly while changing a nappy, because she "was screaming and wouldn't settle down''.

The mother was jailed for three years after being convicted of reckless grievous bodily harm in 2016.

 

Home Affairs Minister Peter Dutton
Home Affairs Minister Peter Dutton

 

A delegate for Home Affairs Minister Peter Dutton cancelled her visa last November for failing the character test.

But in a new ruling, Administrative Appeals Tribunal senior member Chris Puplick said the woman should stay in Australia.

"It is always hard to assess the expectations of the Australian community,'' he said.

"In this instance there would be a balance between the community's revulsion at acts of violence perpetrated against a defenceless baby and some understanding of the problems of a young mother, under stress, suffering with PTSD (post-traumatic stress disorder) and post-natal depression losing control.''

Mr Puplick said the woman had been stressed because her husband hit her, and their public housing had caught fire from a candle after the electricity was cut off.

He said the woman's husband - whom she wed in an arranged marriage in Syria before sponsoring him to live in Australia - was a "singularly unimpressive witness''.

"He did admit that he had, on occasions, been physically violent towards his wife and that he had failed to take any degree of responsibility for either the management of their family affairs or the care and upbringing of their children,'' he said.



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