Commonwealth sued over 2010 asylum boat tragedy

Immigration Minister Scott Morrison has reacted angrily to legal action over the 2010 asylum seeker boat disaster off Christmas Island, saying it's insulting.

The SIEV 221 after it had been driven against the shore during the 2010 Christmas Island boat tragedy aap.jpg

The SIEV 221 after it had been driven against the shore during the 2010 Christmas Island boat tragedy.

(Transcript from SBS World News Radio)

Immigration Minister Scott Morrison has reacted angrily to legal action over the 2010 asylum seeker boat disaster off Christmas Island, saying it's insulting.

He's also playing down the impact of corruption allegations on Australia's asylum deal with Papua New Guinea.

As Thea Cowie reports the Abbott government's asylum-seeker policy is again in the political spotlight.

(Click on the audio tab above to hear the full report)

Fifty Iraqi and Iranian asylum seekers were killed in 2010 when their boat smashed into rocks off Christmas Island.

Human rights lawyer George Newhouse is representing survivors and victims' families in their suit against the Commonwealth.

He's told the ABC Australian authorities should have done more to help them.

"On the evening in question, the Government knew that there were boat arrivals coming to Christmas Island in the midst of a storm and that there were vulnerable men, women and children on the high seas in danger and that the Government didn't have an operating seaworthy rescue service on Christmas Island and therefore people died as a result."

There were 89 asylum seekers and three crew aboard the boat which made its way to Australia in monsoon weather.

Starting in 2011, an eight month coronial hearing concluded the blame for the tragedy laid firmly with the people smugglers.

But coroner Alastair Hope also criticised Commonwealth authorities for having insufficient rescue boats on the island, and called for better surveillance for incoming asylum seeker boats.

Immigration Minister Scott Morrison says Australia is a free country and people have the right to bring legal action where they see fit.

But he's not impressed by people who he says owe their lives to Australian government personnel, yet are now suing the Australian government.

"It just beggars belief. This is like someone who is saved from a fire suing the fireman. It's like someone who has been saved by an ambulance officer at the scene of an accident - being sued for saving the person's life. It's like someone who was held hostage and saved by police then suing the police. This is I think a very shameful and offensive claim to be bringing."

Labor's Brendan O'Connor was the minister responsible at the time of the tragedy but he's not commenting on Australia's legal responsibilities to the asylum seekers.

He is, however, defending Customs and navy personnel involved in the rescue operation.

"They went into the sea which was very very dangerous and they salvaged bodies and rescued people. Without their involvement and their bravery I'm confident there would have been very few survivors. In fact only one of the survivors managed to get to the rocks himself; all others were rescued by navy and customs personnel."

Not all of Mr O'Connor's Labor colleagues continue to support Australia's policy of sending asylum-seekers to Manus Island and Nauru.

Earlier this year, former United Nations lawyer and Labor MP Melissa Parke put a motion, seconded by former speaker Anna Burke, for the centres to be closed.

But the Caucus has rejected that motion at its latest meeting, instead adopting a motion proposed by opposition immigration spokesman Richard Marles.

The resolution calls for refugee claims to be processed in a timely manner, and for independent oversight of offshore detainees' well-being.

It also says conditions for asylum seekers should meet the UN Refugee Convention and human rights standards.

Greens Immigration spokeswoman Sarah Hanson-Young says the motion is weak.

"It's encouraging to know that there are individual members within both the Labor Party and the Coalition who are extremely uncomfortable with the inhumane treatment of refugees, particularly those detained on Manus Island and Nauru. But it is disappointing to see such a weak statement come out of the ALP Caucus which does no more than confirm Labor's position of offshore out of sight, out of mind detention."

Meanwhile the Immigration Minister is adamant corruption allegations against Papua New Guinea's Prime Minister won't affect Australia's asylum deal with the country.

Mr O'Neill has been served with an arrest warrant by PNG's anti-corruption body in relation to a fraud case.

Scott Morrison says the allegations won't affect the Regional Resettlement Arrangement with PNG, which is governed by a Memorandum of Understanding signed by the former Labor government.

 

 

 


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4 min read

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By Thea Cowie


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