The federal government has told the Court it won't send them back to Sri Lanka without 72 hours' notice.
It also said that they would not be processed under the Migration Act because their boat never entered Australian territorial waters.
Lawyers representing some of the passengers want their repatriation blocked and for their protection claims to be assessed in Australia.
The Refugee Council of Australia's President, Phil Glendenning told Kristina Kukolja he's not satisfied with the government's assurances.
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