High Court Preventing The Government From Sending Asylum Seekers Back To Sri Lanka

We know yesterday that Immigration Minister Scott Morrison confirmed that one boat containing some 41 Sri Lankan Asylum Seekers had been handed back to the Sri Lankan Navy after a process that Governmental doublespeak refers to as “Enhanced Processing” – they were asked four basic questions via video link whilst still at sea – but the fate of a second boat reported containing up to 153 Asylum Seekers was unknown. Overnight, at least for the moment, their fate was secured.

An injunction imposed in a late sitting by the High Court of Australia will prevent the handover of any of those Asylum Seekers to Sri Lankan authorities at least until 4pm this afternoon. The case will be heard properly at 2pm today in a sitting of the High Court in Melbourne.
These legal proceedings have potentially disastrous implications for the Abbott Government‘s blanket turnback policy in regards to boat arrivals. George Newhouse, a lawyer who filed the injunction on behalf of the Asylum Seekers, explains that they are “entitled to have their claims for protection processed in accordance with Australian law,” and that “The (immigration) minister cannot simply intercept their vessel in the middle of the night and ‘disappear’ them.
Whilst this has seemingly little impact on the Government’s policy of offshore processing, it does have very real and important implications on Governmental transparency, and of Abbott’s flagship “stop the boats” mantra.
More to come as the case is heard this afternoon.
Photo: Stefan Postles via Getty Images.
 

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