The Refugee Action Coalition welcomes the government’s announcement that the 157 asylum seekers are to be brought ashore.
The move represents a dramatic back-flip by the government who only two days ago told the High Court that it was their intention to hold the asylum seekers onboard the Oceanic Protector until the High Court hearing on 5 August.
The deal with India to check the identities of the asylum seekers is a fig-leaf that cannot hide the fact of the backdown.
In the face of the High Court action, the government had already gone from giving an undertaking that the Tamils would not be sent to Sri Lanka without 72 hours notice, to an absolute undertaking that they would never be sent there.
The move is also a serious blow to Operation Sovereign Borders.
The fact of their interception by the Customs vessel means that the asylum seekers are not unlawful arrivals and cannot be sent to Manus Island or Nauru for processing.
At his press conference, the Minister avoided questions regarding what visas would be issued to the asylum seekers to bring them to Australia. But the excision of the migration zone will not apply to these arrivals.
“The question of the legality of the government’s action is still an issue to be decided by the High Court, as will any decision to send any of the asylum seekers to India, which is not a signatory to the Refugee Convention,” said Ian Rintoul, spokesperson for the Refugee Action Coalition.
“Despite the Minister’s claims, it is highly likely that these asylum seekers will be entitled to settlement in Australia.
“We remain extremely concerned that the government will play games with the visas issued to the asylum seekers as they did with the Tamil asylum seekers whose visa to enter Australia expired on arrival.
“The High Court action has also blown a hole in the government’s attempts to surround Operation Sovereign Borders in secrecy and prevent any scrutiny of its mistreatment of asylum seekers.”
For more information contact Ian Rintoul 0417 275 713
