Four challenges to the Federal Government's system of processing asylum seekers offshore have been filed in the High Court.
The deportations of at least 13 Afghani and Sri Lankan asylum seekers, who are now being held on Christmas Island or as offshore-classified detainees on the mainland, have already been delayed by lawyers.
While the Government says it is confident of winning the court cases, there are even rumours of a possible class action for a much greater number of Christmas Island detainees.
Australia has denied asylum seekers who arrive by boat full right of appeal in its courts ever since the Tampa affair nine years ago.
This has been achieved by processing the asylum seekers offshore, firstly on Pacific islands, and later, in the Indian Ocean on Christmas Island, which has been removed from Australia's migration zone.
But the High Court challenges could circumvent that system.
Sydney lawyer Stephen Blanks, who is representing a Sri Lankan man, says Christmas Island is part of Australia and the law should apply there.
"Australian officials can only act there in accordance with Australian law and so the basis of this case is that Australian law applies to what is being done here," he said.
Rachel Ball, the spokeswoman for the Human Rights Law Centre, says she welcomes the court challenges and recognises the impact they could have on the Government's asylum policies.
"A successful challenge of the Government's offshore processing system would mean that all asylum seekers who arrive in Australia should have access to the same laws and the same processes," she said.
Ms Ball says that would make offshore processing redundant.
The Opposition's immigration spokesman, Scott Morrison, who helped announce the Coalition's return to the Pacific Solution policy last week, says the court actions are the Government's fault for bringing Christmas Island detainees to the mainland.
"We've always said that the great risk of this Government transferring people from Christmas Island to the mainland would open up that whole can of worms again," he said.
But Immigration Minister Chris Evans says bringing the detainees to the mainland has nothing to do with it.
As rumours circulate of a possible class action for even more asylum seekers, Senator Evans says he is confident offshore processing is not under threat.
"They're effectively looking to challenge that whole statutory regime," he said.
"It's been in place since 2001 and we expect it to be upheld in the High Court."
Source:http://www.abc.net.au/news/stories/2010/06/02/2915954.htm?section=justin
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