The UN working group on arbitrary detention’s report into the case said it was of the opinion that the mother and daughter's detention was arbitrary and contravened numerous articles of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. It suggested that they be released and receive compensation. Ms Tran was initially detained for 17 months and placed in community detention, from which she absconded. She met and married Paul Lee, who is Mauritian and lives in Australia on a working visa. In November 2017 she was again detained and placed in Melbourne Immigration Transit Accommodation Centre in Broadmeadows. She was pregnant at the time. Ms Tran’s lawyer Alison Battisson, director of the group Human Rights for All, brought her client’s case to the attention of the UN to highlight to the international community Australia’s treatment of asylum seekers. She said Ms Tran had elected for Isabella to stay in detention as a "guest" so that she could breastfeed and rear her. Her "guest" status meant the child was free to leave, and stay with her father.

Isabella Lee Pin Loong lives in Melbourne Immigration Transit Accommodation with her mother Huyen Tran. Picture: Rebekah Holt Credit: Picture: Rebekah Holt In its 18-page report on the case, the UN working group – established by the UN Commission on Human Rights to report to the Human Rights Council – said it was of the opinion that Isabella's situation “undoubtedly qualifies as detention” and that she should not be detained due to the migratory status of her parents. The UN report states that in January 2018 the department attempted to deport Ms Tran to Vietnam when she was about seven months pregnant, despite her having gestational diabetes and a psychiatric condition. She was removed from the plane several minutes before take-off and returned to MITA. Ms Tran believes that as a Catholic in rural communist Vietnam she faces discrimination and threats of violence. Ms Battisson alleges that Ms Tran does not have adequate access to basic parenting equipment or health support for Isabella at MITA. The UN report says Ms Tran is not receiving appropriate nourishment to be able to effectively breastfeed her baby and is dealing with severe depression.

It also notes that Isabella has been hospitalised, and shows signs of anxiety that potentially stem from the "unavailability of positive emotional interactions in detention". Ms Battisson said she called a number of ambulances to the centre last weekend to treat Isabella's fever, which had spiked to about 38.6 degrees at 2am, after Ms Tran contacted her to say she couldn't get access to a thermometer or paracetamol. When paramedics finally took Isabella's temperature about 12 hours later, it was still over 38 degrees, which "is why they were concerned”, Ms Battisson said. “Her brain was too hot." Rebekah Holt, a journalist who has spent time with families in MITA, alleged parents' access to basic items such as playpens required substantial negotiations with management, and that the units had choking hazards such as blind cords. "They have small children in an environment that’s not appropriate for small children," she said.

Sri Lankan Tamils Priya and Nadesalingam and their two Australian-born children, from Biloela in Queensland. Credit:AAP Australia was given a seat on the United Nations Human Rights Council, a supervisory body of the working group, to serve on from 2018 to 2020. The federal government was “trying to have it both ways", Ms Battisson said. "You can’t claim you are a good international citizen and then detain children," she said. “This way of defining children in detention as just 'guests' has been exposed as what it is – a total ruse.” The UN working group’s report criticised the Australian government for not having Isabella's detention assessed and authorised by an independent judicial authority in Australia, and called for a review of her case.

While Ms Tran's detention would not be in contravention of domestic law, the working group pushed to bring the Migration Act 1958 into line with international law, and referred the case to the Special Rapporteur on the Rights of Migrants, for appropriate action. This is the ninth report released by a UN working group on arbitrary detention in Australia in two years. The same detention facility is also housing a Tamil family who were transferred from their home in Bileola, Queensland, about 15 months ago. Tharunicaa, who lives in Melbourne Immigration Transit Accommodation with her parents, Priya and Nades and her sister Kopika, has rotting teeth. Picture: Rebekah Holt Credit:Picture: Rebekah Holt A community campaign has called for the release of Priya, Nades and their two children Tharunicaa, who is almost 2, and Kopika, 3, who are suffering health issues including decaying teeth, vitamin D deficiencies and behavioural issues.

Angela Frederiks, who has been campaigning for the family's release, made a complaint to Victoria's child services about the alleged deteriorating health of the two girls. "We got feedback from the child protection unit basically saying that as a state department they will work closely with the federal government for the best outcome for the kids," she said. Last week Victoria's Principal Commissioner for Children and Young People Liana Buchanan said the agency's concerns over children in immigration detention had escalated in recent months. The Royal Australasian College of Physicians has also appealed to the Morrison government to release children and their families into the community due to “the serious health impacts of detention on children”. A spokesperson for the Department of Home Affairs said it could not comment on individual cases but was reviewing the contents of the UN working group's opinion, and would respond to its request for follow-up.

"Australia has a long history of engaging co-operatively with the United Nations and its mandate holders, and welcomes open and constructive engagement with the human rights system," the spokesperson said. The department said it had embedded the consideration of the best interests of children into internal procedures and policies, and its commitment to safeguarding the wellbeing of children was set out in its Child Safeguarding Framework. It was making arrangements to provide access to the Commissioner for Children and Young People and other oversight bodies. The department said welfare and support arrangements were available to children and young people in detention, including recreational activities and services and to provide "educational, physical or social benefit". "We remain committed to ensuring the health and wellbeing of all children while in our care, including providing opportunities to engage in play with other children.

"Unlawful non-citizens are only removed where they have no ongoing procedural, legal or medical impediments preventing travel."