Lawyers representing 153 asylum seekers whose boat was intercepted near Christmas Island say the group are being held in locked, windowless rooms at the high seas, and have limited access to legal services.
Lawyers for the group lodged a document with the High Court yesterday saying the group of men, women and children could not leave their rooms without supervision from guards, and families on board the ship had been split up.
The document also said the group was being denied "reasonable access" to legal services after their mobile phones and other possessions were detained, Fairfax Media reports.
The asylum seekers were travelling on a boat that departed from India on June 13 when they were intercepted near Christmas Island.
The government later confirmed the asylum seekers were being held on a customs ship at sea.
Lawyers for the group are seeking a High Court order to block the government from taking them to Manus, Nauru or Sri Lanka.
They claim the government does not have the legal power to take them to a place against their will and are calling for them to be processed in Australia or another country that "has assumed the international law non-refoulement obligations".
Immigration Minister Scott Morrison has provided little information on the asylum seekers since confirming they were being held, but he told the Parliament they were in good care.
"Any person who is in the care and protection of the Australian Customs and Border Protection Service will be in good care, and they are in good care," he said.
The case will return to the High Court on Friday.
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