A freeze has been ordered on the demolition of a Christmas Island detention facility, as lawyers for a young asylum seeker claim it may contain important evidence in a class action against the Federal Government.
The girl, known only as AS, is suing the Minister for Immigration and Border Protection and his department, alleging they failed to provide adequate health care and schooling opportunities for children.
At the time the class action was launched last year, the girl was six years old and Scott Morrison was the minister.
He has since moved to the Ministry of Social Services and been replaced by Peter Dutton.
Lawyers representing the child said she had been in detention for more than a year and had suffered physical and mental health issues, including separation anxiety after her mother was transferred to the Australian mainland.
They said she also suffered bed-wetting, a stammer, post-traumatic stress disorder and major depression, and an ongoing dental infection.
The Government moved children off the island in December.
The class action also covers pregnant and other asylum seekers held in detention who have claimed physical or psychological injuries, and is seeking compensation as well as court orders.
Government planned 'imminent' demolition of compounds
At a directions hearing in the Victorian Supreme Court this week, lawyers for AS said they had discovered that the Government planned to demolish the Aqua and Lilac compounds on Christmas Island.
The compounds were built by the Rudd Labor government as an extension to the island's North West immigration detention centre.
The court heard its demolition was "imminent", and lawyers for the Government said a contract had been signed and entered into to demolish the compound on April 17.
My concern is the compound should not be demolished. There is a degree of urgency attached to it.
Justice Stephen Kaye
But lawyers for AS want access to the compound, among other facilities on the island, to assist their case in determining if it had a bearing on the psychological state of their client.
They told the court "the battlelines were drawn" by a letter from authorities "indicating inspection would only be allowed with a number of conditions".
Lawyers for the plaintiff said the conditions were "unacceptable" and included that they not take any photographs of Christmas Island detention facilities, and give authorities at least two weeks' notice of any intention to visit.
Justice Stephen Kaye said he was persuaded the compound had "sufficient relevance" to the case to order a hold on its destruction.
"My concern is the compound should not be demolished," Justice Stephen Kaye said.
"There is a degree of urgency attached to it.
"I will make an order restraining the defendant from demolishing the Lilac Aqua compound, pending the hearing and determination of the application."
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