Federal judges reject case presented by Save the Children, on the grounds that there is no legal obligation on the government to bring citizens home The judgment means they might wait years to be released from what home affairs minister has acknowledged is a ‘dangerous and damaging detention’ SYDNEY: About 40 Australian women and children could be stuck in Syrian detention camps for years, after a court on Tuesday dismissed a legal challenge calling for their government to bring them home. Federal court judges rejected the case, brought by Save the Children, on the grounds that there is no legal obligation on Australian authorities to bring its citizens home. However, they noted in their ruling that if the federal government had “the political will” to repatriate the 10 women and 30 children from Syria “it would be a relatively straightforward exercise.” Instead, the judgment means they might wait years to be released from what Australia’s home affairs minister has acknowledged is a “dangerous and damaging detention,” The Guardian newspaper reported. They are the wives, widows and children of slain or jailed Daesh fighters. None of them have been charged with any crimes or face arrest but they have been held in Al-Roj and Al-Hol camps for years. The Red Cross said several of the children were born inside the camps and know no life outside of them. They live in “dire” conditions; illness and malnutrition are rife and security is “extremely volatile.” Chief Justice Debra Mortimer, and justices Geoffrey Kennett and Christopher Horan, accepted evidence that many countries, including Australia, have successfully repatriated citizens from the detention camps, with assistance from Kurdish authorities. “If the Commonwealth has the political will to bring the … women and children back to Australia, on the evidence before the court, it would be a relatively straightforward exercise,” they said, adding that it had been “amply proven” that authorities had the “means” to end the detention of the women and children. “But that is distinct from a finding that the Commonwealth exercises control over them and their custody,” they said. Mat Tinkler, the CEO of Save the Children Australia, said: “Our commitment to helping bring the remaining children back to Australia, where they belong, remains unshakable regardless of today’s outcome. “These are innocent Australian kids who have experienced immense trauma and suffering but are left to languish in desert camps, where they are rapidly losing hope. “What I find difficult to comprehend is that the Australian government could end their suffering right now by bringing them home and providing the chance for a real life but our political leaders are choosing not to act.”