There was some commotion last year when the Australian
Government kept 157 Sri Lankan Tamil asylum seekers adrift on the
Indian Ocean for a month under the auspices of the Maritime Powers
Act (MPA).
During that time the Government was furiously attempting to
negotiate their return to India (the port of departure), before
ultimately transferring them to the Cocos Islands. One of the
asylum seekers claimed this period at sea was unlawful detention,
and sought damages. Yesterday, the majority of the High Court
decided the government's actions were legit. Here are 6 points
we can take (or decry) from the outcome and the recent amendments
to the MPA:
- Asylum seekers have basically no protection under
Australian law. Australia is a signatory to the Refugee
Convention. But, this will not invalidate laws such as the MPA or
Migration Act, which breach the Convention's protections.
