Lawyers looking at bid to keep Sri Lankan teenager in NZ

11.45am

Lawyers for a severely abused Sri Lankan teenager are looking at further court action to stop her from being sent back to her homeland.

The 16-year-old girl and her grandmother last week lost a legal battle to remain in New Zealand.

A High Court judge rejected their appeal against a refusal by Associate Minister Damien O'Connor to let her stay, after the Refugee Status Appeals Authority ruled the pair were not refugees.

This is despite what her lawyers say is their fear she may be killed by either of two uncles who subjected her to years of rape and abuse before she fled to New Zealand in 2002.

Lawyer Carole Curtis today said the girl, whom she described as having post-traumatic stress disorder, was to have been deported on three occasions over the past week, including yesterday.

"But a doctor has to certify that she is fit to fly, and I cannot see a doctor anywhere certifying her fit to fly," she said.

"So are we going to keep doing this week after week to this child? I cannot see that her condition would change."

Ms Curtis said she was looking to file papers tomorrow "seeking an injunction to prevent her removal because we are now starting to abuse this child".

"It's now becoming torture of this child and breach of her human rights," she said.

"We've accepted that it's happened to her in Sri Lanka. Let's stop doing it here in New Zealand."

Ms Curtis said she accompanied Auckland City Hospital consultant psychiatrist Dr Karl Jansen when he visited the girl on Sunday and came to the conclusion that she was not fit to fly.

The girl remained cowering under her bed clutching a teddy bear, whispering "please don't kill me" and then screaming.

Meanwhile, Save the Children's New Zealand executive director, John Bowls, called on authorities to honour New Zealand's obligations to the United Nations Convention on the Rights of the Child.

He said the convention spelt out clearly that all action concerning children should consider their best interests.

"And you would have to ask whether what is proposed is in the best interests of this child."

Among the convention's articles is one that says children seeking refuge must be given appropriate protection and humanitarian assistance.

Mr Bowls said it was easy to say that the case was one for the Sri Lankan authorities to resolve.

"But children are really victims too often and here's a child who is at risk," he said.

"Here is a chance for New Zealand to protect this child and I think the public expects our country to take a stand on an issue like this."

- NZPA