Tokens: 9
.
It
is
argued
in
the
judgment
that
the
Regional
Court
should
have
done
more
to
examine
whether
it
was
feasible
for
the
applicant
to
return
to
Australia
with
the
child
or
whether
the
return
of
the
child
would
inevitably
have
resulted
in
her
separation
from
her
mother
.
We
do
not
share
this
view
.
There
was
clearly
no
legal
impediment
to
the
return
of
the
applicant
;
she
had
not
only
lived
in
Australia
for
several
years
but
had
acquired
Australian
citizenship
in
2007
.
Further
,
there
was
nothing
in
the
Regional
Court
’s
judgment
which
affected
her
right
to
retain
custody
of
the
child
and
to
accompany
her
back
to
Australia
.
Moreover
,
it
does
not
appear
that
she
argued
before
the
Regional
Court
that
,
for
reasons
of
personal
safety
or
otherwise
,
she
could
not
under
any
circumstances
contemplate
returning
to
Australia
.
Certainly
,
she
had
alleged
that
T.
had
ill
-
treated
her
and
the
child
but
,
as
noted
above
,
this
allegation
was
rejected
by
the
court
as
wholly
unsubstantiated
.
Moreover
,
the
court
went
on
to
observe
that
there
were
no
grounds
for
doubting
the
quality
of
the
welfare
and
social
protection
provided
to
children
in
Australia
,
given
that
,
according
to
a
sworn
affidavit
,
Australian
legislation
provided
for
the
security
of
children
and
their
protection
against
ill
-
treatment
within
the
family
.
We
note
,
in
conclusion
,
that
despite
her
claim
before
the
Regional
Court
that
she
had
no
ties
in
Australia
and
that
were
she
to
return
there
she
would
be
unemployed
and
would
have
no
income
,
it
appears
that
the
applicant
has
in
fact
returned
to
live
in
Australia
,
where
she
has
found
accommodation
and
is
in
employment
.
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