Government Rushing To Close Loophole That Might Make Nauru Illegal

The federal government are rushing to close a loophole in the offshore processing legislation, which may deem the running and funding of offshore detention centres illegal.

The ABC are reporting that Prime Minister Tony Abbott called Leader of the Opposition Bill Shorten last night to ask for his help, saying that the whole network could collapse.

The federal government discovered the loophole in the former Labor government’s legislation, and are urgently trying to pass a bill before Thursday, when Parliament rises for the six-week winter break.

Labor convened a special caucus meeting at Parliament House to discuss. Reports suggested it was likely they would support legislation, and journalist Latika Bourke just tweeted that these beliefs held true.

A case currently before the high court, brought by the Human Rights Lawyer Centre (HRLC), challenges the lawfulness of offshore detention arrangements at Nauru.

“The Australian government is effectively detaining people in Nauru and Manus Island and it doesn’t have any legal authority to do so,” said HRLC director Hugh de Krester to Fairfax.

Under the current Migration Act, the government cannot spend money on state programs outside Australia’s jurisdiction. This is clearly not the current case. Fairfax reports that the government has issued a $2.1 billion contract to Transfield services alone to manage the centres.

The ABC is reporting that it’s likely related to the ten asylum seekers who launched a High Court challenge of legality of the system last month.

It’s no surprise that The Greens oppose any measure which will negatively affect asylum seekers, with Senator Sarah Hanson-Young criticising both parties.

If the government does not pass legislative action before Parliament rises on Thursday, the offshore system could be declared illegal by the High Court during the winter break.

Photo: Stefan Postles via Getty Images

via Fairfax / The Guardian / ABC

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