- Full bench of High Court to sit for hearing in Canberra
- Judgement may impact on future boat turn backs
- Read court documents in full below
The full bench of the High Court will gather in Canberra today as the Australian Government defends its interception and detention of 157 Tamil asylum seekers on the high seas earlier this year.
Australian Navy vessels intercepted the asylum seeker vessel in Australia’s contiguous zone on June 29, detaining all passengers against their will and kept behind locked doors in windowless rooms, according to documents lodged with the High Court.
The month-long standoff saw the asylum seekers ended with transferral to the Nauru detention centre.
Speaking to media outside the High Court this morning, Executive Director of the Human Rights Law Centre Hugh de Krester said his client had been through a “traumatic ordeal”.
Mr de Kretser said the case would address “fundamental questions of liberty, safety and due process” and may impact on future border protection policy.
'It’s about the power of politicians to lock people up without proper process and without a hearing.'
“The court’s decision may have broader implications for the Australian Government’s powers to intercept other boats and send them back to India, to Indonesia, to Sri Lanka or some other place,” he said.
“… The [court’s ruling] will have implications for how the government approaches future potential boat turn backs.”
Mr de Kretser could not identify his client, a Sri Lankan Tamil Christian, but said he had fled his homeland due to the “grave risk” his involvement in politics posed.
He said his client was now detained on Nauru in “difficult and uncertain conditions”.
“He simply wants an ordinary life somewhere safe,” he said.
Lawyer George Newhouse said the case would address two main questions.
“It’s about the power of politicians to lock people up without proper process and without a hearing,” he said.
“The second it’s about is about the right of politicians to send men, women and children – vulnerable people – back to a place where they could be seriously harmed or even killed. The High Court will consider the limits of compassion and humanity.”
