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Australia court to hear Sri Lanka asylum case Australia asylum: Court given 72-hour warning pledge
(about 4 hours later)
Australia's High Court is to hear an application to prevent the government returning asylum seekers intercepted at sea to Sri Lanka. Australia says it will not return a group of asylum seekers to Sri Lanka without giving 72 hours notice.
The application concerns 153 people believed to have been located as they sailed to Australia. The government has not confirmed their whereabouts. The promise came at an emergency court hearing over the fate of the 153-strong group, who were intercepted at sea.
Late on Monday a court issued an interim order blocking their return. Rights lawyers filed the challenge after Australia confirmed on Monday it had handed over a separate group of 41 asylum seekers to the Sri Lankan navy.
The order came as Australia confirmed it had transferred 41 asylum seekers to Sri Lankan navy personnel at sea. Rights group say screening asylum seekers at sea and returning them may violate their rights.
The government said all the transferees underwent a screening process at sea. Only four were Tamils and only one man - a Singhalese - was recommended for further assessment, but he chose to return to Sri Lanka, the government said. Reports of two boats stopped at sea had been circulating since last week. On Monday, after the government confirmed it had returned one boat-load, lawyers obtained an interim order regarding the second boat.
Nonetheless the move has attracted strong criticism from human rights representatives and the UN. Until today, the government has refused to comment on the second boat.
Human Rights Commissioner Gillian Triggs said Australia was obliged under international law to put asylum seekers through a proper screening process. The group, who lawyers say are Tamil, are now on an Australian vessel, the Australian Broadcasting Corporation reports.
"It sounds as though three or four or five questions are being asked by video conference, snap judgments are being [made], and they're simply being returned," she told the Australian Broadcasting Corporation. Rights groups say Tamils can still face intimidation and violence in Sri Lanka, five years after the end of the civil war, which pitted the majority Sinhalese Sri Lankan military against Tamil separatists.
Lawyers for the group argued in court that they had not had access to proper asylum procedures. But Solicitor-General Justin Gleeson said the boat was found outside Australia's migration zone, meaning the group had no right to claim asylum.
The case has now been adjourned until Friday.
'Deeply concerned'
Australia's decision to return asylum seekers in this manner has attracted strong criticism from human rights representatives and the UN.
Australia and asylumAustralia and asylum
Australia asylum: Why is it controversial?Australia asylum: Why is it controversial?
The UN refugee agency UNHCR said it was "deeply concerned" about both the returnees and the 153 people who are now the subject of the High Court interim injunction. The government said all those transferred on Monday underwent a screening process at sea. Only four were Tamils and only one man - a Sinhalese - was recommended for further assessment, but he chose to return to Sri Lanka, the government said.
Human Rights Commissioner Gillian Triggs said Australia was obliged under international law to put asylum seekers through a proper screening process.
"It sounds as though three or four or five questions are being asked by video conference, snap judgments are being [made], and they're simply being returned," she told the Australian Broadcasting Corporation.
The UN refugee agency UNHCR said it was "deeply concerned" about both groups.
The agency said it needed to know more about the screening process afforded to the returnees to determine whether the process was in accordance with international law.The agency said it needed to know more about the screening process afforded to the returnees to determine whether the process was in accordance with international law.
"UNHCR's experience over the years with shipboard processing has generally not been positive. Such an environment would rarely afford an appropriate venue for a fair procedure," it said."UNHCR's experience over the years with shipboard processing has generally not been positive. Such an environment would rarely afford an appropriate venue for a fair procedure," it said.
It is not clear how many of those on board the second vessel are Tamils. Rights groups say Tamils still face violence at the hands of the military, five years after Sri Lanka's civil war ended. Sri Lankan officials, meanwhile, said the adults in the group returned on Monday would be charged with leaving the country illegally, because they did not go via an authorised departure port.
Sri Lankan officials, meanwhile, say the adults in the group returned on Monday will be charged with leaving the country illegally. Twenty-seven of them have since been freed on bail, AFP news agency reports.
Australian Prime Minister Tony Abbott inherited hard-line asylum policies from the previous government and has since toughened them.Australian Prime Minister Tony Abbott inherited hard-line asylum policies from the previous government and has since toughened them.
He says his policy is about saving lives by preventing people getting on potentially dangerous boats to travel to Australia.He says his policy is about saving lives by preventing people getting on potentially dangerous boats to travel to Australia.
On Monday his immigration minister, Scott Morrison, said there had been no new arrivals by boat in 200 days.On Monday his immigration minister, Scott Morrison, said there had been no new arrivals by boat in 200 days.
Many Australians support the tough asylum policy, believing those concerned are economic migrants rather than political refugees.Many Australians support the tough asylum policy, believing those concerned are economic migrants rather than political refugees.