(Transcript from SBS World News Radio)
The federal government is refusing to confirm reports it is handing Tamil asylum seekers back to Sri Lankan authorities at sea.
It is believed the asylum seekers were on a boat which was in trouble in waters off Christmas Island before going missing at the weekend.
As Thea Cowie reports, there are concerns the alleged treatment of the asylum seekers would breach international law.
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As the federal government refuses to confirm or deny the allegations it is handing Tamil asylum seekers back to Sri Lanka at sea, speculation is rife.
News Limited is quoting a Sri Lankan navy official as saying Australia has been preparing to hand the asylum seekers over to the island nation.
But the official, Commodore Kosala Warnakulasuriya, has since told the ABC he has been misquoted and has no knowledge of any such plans.
"No, no, no, I have not told anything like that. Even in the morning, I got that information that somebody had quoted me for something regarding one of our Sri Lankan navy boats. But there's nothing like that. I have never made that sort of a comment."
Indian authorities have confirmed a fishing trawler containing an estimated 153 Tamil refugees left the Indian territory of Pondicherry in mid June, bound for Australia.
Customs has also reportedly intercepted a second boat from Indonesia, with 50 people aboard, near Christmas Island.
The asylum seekers aboard both boats are now reportedly being processed at sea, via teleconference or video link.
Human Rights Watch Australia spokeswoman Elaine Pearson says, if the reports are true, handing the asylum seekers back and processing them at sea would be illegal.
"According to the UN, really, those sorts of processing questions should be carried out on dry land. And that's because people are often dehydrated, exhausted and somewhat traumatised after a boat journey and so they're in no condition, really, to articulate asylum claims. This practice of interviewing people with just very basic questions and, on that basis, determining their access to asylum is unlawful under international law. They should have access to due process. They should also have access to lawyers if they wish."
It is understood the claims are being assessed on the basis of answers to just four basic questions -- name, country of origin, where they came from and why they left.
The Human Rights Law Centre's Daniel Webb says the group has written to the United Nations special rapporteur on torture to intervene.
"We've asked the special rapporteur to urgently ensure that Australia reveals where these asylum seekers are, reveals what it plans to do with them and undertakes not to return them to Sri Lanka in breach of international law."
Prime Minister Tony Abbott insists Australia's actions at sea meet international obligations.
But he says any further commentary could be used by people smugglers.
"All too often, information has been given out in the past which has aided and abetted people smugglers, which has virtually acted as an advertisement for people-smuggling. And that's the last thing any of us should want to do. I trust the professionalism and the integrity of every Australian official, every Australian staff member, involved in all of this, and I'm confident that everything that is happening is quite consistent with safety at sea and with our international obligations."
Mr Abbott has described Sri Lanka as a peaceful country no longer plagued by civil war.
Immigration Minister Scott Morrison is neither confirming nor denying the reports either, but says the Government's actions are in keeping with its election promises.
Meanwhile, families of the asylum seekers in India are increasingly concerned about their fate.
S. Chandrahasan works for the Organisation of Eelam Refugee Rehabilitation, which helps Tamils in Indian refugee camps.
He has told the ABC the organisation has identified at least 40 people missing from the official refugee camps in Tamil Nadu.
(Translated)"The families of three members who left were extremely worried, from the time they heard of the distress call of the boat close to Christmas Island. And they were pleading that something needs to be done to rescue them -- 'Even if the worst comes to the worst, let them be sent to the safety of Sri Lanka, (rather) than to be allowed to perish in the sea.'"
But the Australian Tamil Congress's Antony Gratian says Australia could have blood on its hands if it hands the Tamil asylum seekers back to Sri Lanka.
"When people are returned in this fashion, they will be subjected to torture, detention, extortion ... and, in some cases, they've been raped, and sexual violence, et cetera, can be meted out."
Opposition Leader Bill Shorten says it is time for the Government to end the secrecy.
"I think, regardless of anyone's politics in this country, the conduct of the Immigration Minister to go into hiding this week when Australians want to know what's happening on their borders is disgraceful."
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