Archival Rescue 37 ~ Aus detention

Three year old's first day out of detention;

Freed from a life in detention
By Lee Glendinning and Joseph Kerr May 24, 2005 Sydney Morning Herald

Naomi Leong, the three-year-old girl who has spent her life in detention, left Villawood with her mother last night after the Government gave them a bridging visa to stay in Australia.

The decision to release Virginia Leong and her daughter from the detention centre was unexpected but supporters believe the Government bowed to pressure over the mental health of detainees.

Ms Leong, who had complained that detention was causing Naomi to bang her head against the wall, was overjoyed last night. "I am so happy now, I am so happy, I can't believe it, I am just out here, out of detention - outside!" she said.

"I thought it was a trick when they gave me the forms."

Earlier inside the centre she said: "Naomi doesn't understand what is happening but I have just told her we are going to see a friend and she is excited."

The office of the Immigration Minister, Amanda Vanstone, said it was not her decision to free them but her department's.

A department spokeswoman said the decision followed discussions between Ms Leong, her lawyer and the department. She refused to say why they were being released.

As mother and daughter left the detention centre to spend the night at a friend's home in Parramatta, supporters presented Naomi with a pink bicycle, which she rode around in circles on the pavement. Ms Leong carried virtually no possessions, saying she had left them with other detainees.

Ms Leong, who was detained by immigration authorities in 2001 when she tried to leave Australia on a false passport, was confused when Villawood officials presented her with paperwork yesterday afternoon. She called her solicitor and it was only when he arrived that they discovered the forms would allow her and Naomi to leave.

Ms Leong, who is from Malaysia, said she planned to make her life in Australia, where she has a seven-year-old son, Griffin, from an earlier relationship. She has not seen him in more than three years. "I cannot believe I can see my son very soon," she said.

Her lawyer, Michaela Byers, said the decision was a surprise but she thought pressure from the media had contributed. "There are a number of inquiries right now about the mental health issues being suffered by detainees, particularly with children, and there has also been pressure from national and international media on this issue which I think has contributed," she said.

Numerous psychiatric reports have shown that Ms Leong is suffering from severe depression and that Naomi has become mute, listless and unresponsive.

Naomi started banging her head against a wall and was unable to talk to other children. She was traumatised at seeing how upset her mother was, which forced Ms Leong into hiding her distress, adding to her own depression.

Of the 62 children in detention in Australia, none have been held as long as Naomi.

Last week the Immigration Department allowed her to attend an early learning centre for three hours. It was the first time she had played with children on the outside.

Even though Ms Leong is a Malaysian her daughter is considered stateless. This weekend Malaysia urged Ms Leong to apply for Malaysian citizenship for Naomi. Ms Leong refused the offer, which was reported in Malaysian newspapers, because it would mean she could never see her son.

The Government has recently softened its immigration policy following intense pressure over bungles in its detention system, including those concerning Cornelia Rau and Vivian Alvarez.

Last week, a group of about 50 East Timorese who were to be expelled from Australia won a surprise reprieve after Senator Vanstone agreed to reconsider their case.

A new visa class has been created for those long-term detainees whose applications to stay in Australia have failed but who cannot be sent back to their countries of origin for various reasons. Senator Vanstone has also signalled further changes to the Migration Act to increase the degree of flexibility available to her officers in handling cases.

The bridging visa Ms Leong has been given does not allow her to work. Her lawyer will apply to the Immigration Department this morning for a bridging visa that will allow her to work and give her access to Medicare.