Asia Times: Asylum seekers: Judge rules against Canberra


	September 12, 2001	atimes.com

Oceania

Asylum seekers: Judge rules against Canberra

SYDNEY - The Australian government's decision to reject over 400 asylum seekers has been overruled by a federal court judge. The government has been given until Friday to comply and return the asylum seekers to Australian soil.

The mostly Afghan asylum seekers, rescued from a sinking ferry off Australia's Christmas Island two weeks ago, are now on board the HMAS Manoora sailing to Papua New Guinea. Australia, in the face of international criticism, refused to allow them onto Australian territory, leaving them stranded on the Norwegian freighter that rescued them - move that federal court judge Tony North, in a case brought by civil liberties campaigners, has declared illegal.

The government is intending to appeal, and will not order any change in course for the troop ship that is transporting the refugees to Port Moresby, which is only one day's travel away. Such an appeal will cast adrift any hopes of this issue being resolved soon. It will also likely mean a longer duration at sea for the asylum seekers, as the most likely course of action is that they remain on board the Manoora while their plight is fought out in the courts.

Australia's Minister for Immigration Phillip Ruddock is standing by the legality of the government's actions despite the ruling. "Let me just say we disagree very strongly, we believe the decisions we have taken all through this, on advice from senior Commonwealth officers, have been lawful," Ruddock said.

Government lawyers have argued the boat people's right to seek asylum in Australia was lost when they forced the captain of the Norwegian vessel to head to Australian territory rather than Indonesia, which was nearer. But, civil rights lawyers successfully argued that the refugees have the right to legal advice on their asylum application in Australia because they are held by Australian troops on board an Australian vessel and therefore fall under Australian jurisdiction.

The ruling puts on hold the deal Australian Prime Minister John Howard negotiated with the tiny Pacific state of Nauru, worth at least US$10 million. By taking the asylum seekers and considering further requests by Australia to house and process additional asylum seekers on a case-by-case basis, Nauru was promised three new power generators and diesel fuel to combat the dire electrical power shortage facing the country, as well as cancellation of medical debts and 20 annual education scholarships. Australia had also agreed to pay the full cost of feeding, housing, processing and caring for the asylum seekers while they were on Nauru.

As the Australian election looms closer and Howard seeks a third term in office, the decisions made regarding these refugees are obvious election issues. So far, the hardline stand appears to be paying off, as voters grow increasingly resentful about the number of illegal immigrants finding their way into Australia. Last year 2,939 people made it to Australia, and already this year 3,700 people have come ashore. They come in pursuit of a better life, but instead find themselves locked up in remote detention camps.

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