Refusal to take refugees is ruled legal

The Australian government yesterday won a vital federal court hearing upholding its decision to refuse entry to refugees turned away from the country almost a month ago. The refugees in question are mostly from Afghanistan.

In the wake of yesterday's ruling the government immediately promised to introduce new laws to make it harder for refugees to reach Australia and to increase jail terms for convicted people-smugglers.

The government wants to out-source the processing of all boatpeople seeking asylum who arrive on its shores with a number of small islands in the South Pacific and Indian Ocean - in effect being turned into holding centres.

If successful the new legislation will see Australia establish detention camps not only in the South Pacific island of Nauru but also on Australia's Christmas Island and on the Cocos Islands. The camps would be constructed and paid for by Australia and in the case of Nauru and the Cocos Islands it is understood the territories would receive generous financial packages for the use of their land. A financial package has already been agreed with Nauru.

The proposed legislation will jettison Christmas Island, Ashmore Reef and the Cocos Islands from Australian territory as far as boatpeople are concerned. On reaching those territories refugees will no longer have the right to have their asylum applications heard in Australia.

Christmas Island and Ashmore Reef are nearer to Indonesia than to Australia and can be reached easily from south-eastern Indonesia. Most boat people arriving in Australia land at one of those two places. The new legislation will also allow Australian military and customs forces to board boats in international waters and take them wherever they please.

The Australian Immigration Minister, Mr Philip Ruddock, announced last night he would also increase the minimum a convicted smuggler of people spends in jail to three years. The minimum sentence before remissions would be five years for a first offence.

The refugees affected by yesterday's ruling were the group of 438 rescued by the Norwegian freighter, the Tampa. They had been en route from Indonesia to Australia where they hoped to apply for asylum but the Tampa was refused entry into Australia.