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Sri Lankan asylum seekers in Australia limbo could sue government

World News

28-07-2014 | 01:53

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Sri Lankan asylum seekers in Australia limbo could sue government

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The fate of 157 Sri Lankan asylum seekers held at sea for almost a month before being brought to a detention centre in Australia was stuck in limbo on Monday, as lawyers for the detainees said they might sue the government for illegal imprisonment.

The interception and detention of the Tamil asylum seekers, including 50 children, has highlighted Australia's controversial policy of turning back boats carrying potential refugees, which has drawn criticism from rights group and the United Nations.

The government made the decision to bring the group to Australia on Sunday after lawyers began legal action in the High Court to stop them being sent to Sri Lanka, and disputing the government's stated right to assess asylum claims at sea.

High Court Justice Kenneth Madison Hayne ruled on Monday to vacate an earlier decision to hear that case next week, citing the changed circumstances, but left the door open to fresh hearings.

Indian consular officials were due to begin interviewing some of the group, whose boat was intercepted by the Australian navy after setting sail from India, which has agreed to take back any of its nationals among the group.

But Hugh de Kretzer, a lawyer for some of the asylum seekers, said he did not believe deportations would begin before new hearings and they were considering fresh legal action.

"The High Court case that was proceeding was entirely about the Maritime Powers Act and the powers of the government at sea to intercept a vessel and take it somewhere other than Australia," he said after the ruling.

"Now that they've been brought to the Australian mainland, different legal questions arise as to the power of the government to seek to compel them to return to India or to Sri Lanka or anywhere else."

REUTERS

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