Posted on 09/11/2001 4:50:38 AM PDT by blam
Tuesday, 11 September, 2001, 09:11 GMT 10:11 UK
Australia ordered to accept boat people
An Australian Federal Court judge has overruled a government decision to turn away more than 400 asylum seekers who are currently being transported to Papua New Guinea.
An ancient power of the court is to protect people against detention without lawful authority
The refugees were prevented from landing on Australia's Christmas Island two weeks ago after being rescued by a Norwegian cargo ship, the Tampa, from a sinking Indonesian ferry.
In a case brought by civil liberties campaigners, Federal Court Judge Tony North ruled that Australia illegally detained the mainly Afghan passengers and should now allow them to land on Australian soil.
Justice North gave the government until Friday to comply, unless there was an appeal. The government has subsequently said it will appeal, and that the troop ship transporting the refugees to Papua New Guinea will hold its course.
Eric Vardalis, the lawyer who brought the case against the government, described the ruling as a "great result".
The ruling is a setback for John Howard's government
The crisis erupted last month, when the asylum seekers spent a week on board the Tampa within sight of Christmas Island.
Australian Prime Minister John Howard negotiated a deal under which New Zealand and the tiny Pacific state of Nauru would process the refugees' asylum claims, amid an international outcry over Canberra's harsh immigration rules.
The judge's ruling came as Australian naval forces were trying to refloat another boat carrying 130 Afghan and Iranian boat people which ran aground on Ashmore Reef off Australia's north-west coast.
The boat is carrying 126 Afghans and four Iranians, including 19 women, 19 children as well as five Indonesian crew.
Correspondents say Ashmore Reef and the remote Australian territory of Christmas Island are favoured drop-off points for boatloads of mainly Middle Eastern, Afghan and Pakistani asylum seekers who pay criminal syndicates for passage to Australia.
The government is planning to introduce new laws to remove both locations from its "migration zone", where anyone arriving is entitled to seek asylum in Australia.
The navy intercepted another Indonesian fishing boat on Saturday with a further 237 people on board.
Those refugees are now on their way to Papua New Guinea on the Australian troop carrier Manoora, along with those from the Tampa.
Tuesday's decision by the Federal Court does not apply to the second batch of refugees.
On Monday, Australia reached a deal to pay the tiny state of Nauru about US$10m to take some of the asylum seekers for processing by the United Nations.
This was intended as a message to traffickers that Australia would not allow their human cargoes to land on its soil, the government said.
Prime Minister Howard's hardline stand appears to have gained popularity for his Liberal/National coalition ahead of an expected election in November.
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