Australian ruling could leave Sri Lankan asylum seekers at sea

The fate of a boatload of Tamil asylum seekers could be undecided for weeks as Australia's High Court considers a legal challenge to Australia's attempts to hand them over to Sri Lanka.

Australia promised today to give three days' notice before returning the 153 asylum seekers, including children, a move being hailed by human rights lawyers as a minor victory against the country's hardline immigration policy.

However, the longer-term implications of the case, which was adjourned until Friday to give the government time to comply with a subpoena from the court for documents, remain unclear.

The High Court hearing, which could last up to three weeks, undercuts the government’s attempt to maintain secrecy over Operation Sovereign Borders, a centrepiece of its election victory last year.

Strong criticism

The case, which follows the return on Sunday of 41 other Sri Lankan asylum seekers on a separate boat by Australia, has received international attention amid strong criticism by the United Nations and other human rights groups.

“Our goal for today was to make sure the 153 asylum seekers are safe, and for now we have achieved this temporarily,” said lawyer George Newhouse, who brought the legal challenge.

Human rights lawyers will negotiate with the government to speak directly with the asylum seekers, who are being held on the high seas on a naval vessel, saying they have so far spoken only with family members.

Western countries have long raised concerns with Sri Lanka over accusations of human rights violations during the final phase of the war against Tamil separatists that ended in 2009.

Sri Lanka says many asylum seekers are economic migrants, but rights groups say Tamils seek asylum to prevent torture, rape and other violence at the hands of the military.

Magistrate’s court

The 41 asylum seekers handed over on Sunday appeared before a magistrate’s court in the port city of Galle today. Sri Lankan police had said they would be charged with leaving the country illegally and any found guilty would face “rigorous imprisonment”, raising fears about rights abuses.

The group, including a breastfeeding mother, were brought to the 17th-century, Dutch-built court on a bus, where they surrounded by relatives shouting their names. Five suspects who were detained will appear on July 14th, while 27 were released on bail.

Lawyer Justin Gleeson, acting for Australian immigration minister Scott Morrison, said the second group was intercepted 12 miles from Australia and outside the country's migration zone. They were now on an Australian navy vessel on the high seas.– (Reuters)