A federal judge in Australia has over-ruled a government decision to turn away the mainly Afghan refugees rescued from a sinking Indonesian ferry.
Justice Tony North ruled Australia illegally detained the 433 asylum seekers and should now allow them to land on Australian soil.
Last week, civil rights lawyers challenged the government's decision to turn away the refugees.
They argued that because Australian troops were holding the asylum seekers on board a navy vessel, they were in Australian jurisdiction and should be allowed to seek legal advice.
Government lawyers responded by saying the refugees forfeited those rights when they forced the captain of a Norwegian cargo ship that rescued them in the Indian Ocean to sail to Australia, rather than Indonesia, which was nearer.
Justice North has given the government until 8 a.m. Friday to comply unless there is an appeal.
There has been no immediate reaction from the government, which earlier said it would appeal any ruling ordering it to allow the refugees to land on Australian soil.
Australia drew international protest last week when it refused to let the Norwegian cargo ship MV Tampa, also carrying Afghans claiming asylum, to dock in Australia.
PA