Government grants asylum seekers three days' notice

The High Court will consider extending a temporary injunction to prevent 153 asylum seekers being returned to Sri Lanka.

The High Court of Australia, Canberra

The High Court will consider extending an order to stop refugees being returned to Sri Lanka. (AAP)

The United Nations has criticised Australia's decision to return 41 asylum seekers to Sri Lanka, as the High Court considers the future of 153 others who could face the same fate.

The court on Monday issued an interim injunction preventing the federal government from transferring the second group to Sri Lankan authorities.

The case is due back before the court in Melbourne on Tuesday.

The court's deliberations come amid reports the first group, made up of 37 Sinhalese and four Tamils, are facing criminal charges following their return to Sri Lanka - despite assurances they were in no danger of persecution.

The United Nations High Commissioner for Refugees on Tuesday expressed doubts about whether the government's "enhanced screening procedures" - brief interviews to assess refugee claims - comply with international law.

The agency said its experience with shipboard processing has generally not been positive.

"Such an environment would rarely afford an appropriate venue for a fair procedure," it said in a statement.

The UNHCR said people claiming asylum have a right to have their case properly assessed by qualified personnel in accordance with the necessary legal safeguards.

Prime Minister Tony Abbott dodged questions about the asylum seeker group and the court's decision.

"I'm just not going to comment at all on operational matters," he told the Seven Network.

"Any commentary by government members about operational matters just gives aid and comfort to the people smugglers."

He said what the government does at sea is in line with its international obligations and safety protocols.

The father of a three-year-old girl named Febrina, who is among 37 children in the group of 153, has appealed for the government to protect his daughter.

"I am desperate to know where my family is. I can't function at all not knowing. I know all of them would be in very big trouble if sent back to Sri Lanka," he told the Tamil Refugee Council through an interpreter.

Opposition frontbencher Penny Wong says Labor has "serious concerns" about the treatment of the asylum seekers.

Australian Greens senator Sarah Hanson-Young says the government seems to believe it is "above the law".

"The Australian people are becoming sick and tired of the spin, the secrecy, and the danger we're putting these people's lives in."

The court's injunction ends at 4pm on Tuesday unless it makes an order to extend it.


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