SKIP TO MAIN CONTENT

Tamils challenge offshore processing

The High Court is hearing a challenge from two Tamil asylum seekers that their lawyers say could undermine the basis for offshore processing.

tamil_refugee_2706_B_getty_192118353

2 min read

Published

Updated

Source: AAP


Skip to article content

The two asylum seekers, identified only as plaintiffs M61 and M69, arrived by boat in 2009, reaching Christmas Island on October 2.

Both claimed refugee status out of fear they faced persecution from the Sri Lankan army, agencies of the government and paramilitary groups because of their alleged support for the Liberation Tamil Tigers of Eelam.

News that makes sense

Your trusted source for staying up-to-date with the world around you. Get free daily news updates and analysis, straight to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Both were assessed by an official from the immigration department before their asylum claims were rejected.

A review, conducted by a firm contracted by the federal government for Christmas Island cases, upheld the decision.

Faced with deportation, the pair appealed to the High Court on grounds of lack of procedural fairness because Immigration Minister Chris Evans had failed to personally consider their cases.

The case for the two Tamils is being argued by the Refugee and Immigration Legal Centre.

Executive director David Manne says the centre is challenging the fairness of offshore processing.

"The government's position is that under its offshore processing regime, unlike on the mainland, a court can't look at whether the decisions on these life-or-death matters were made fairly or lawfully," he told ABC Radio on Tuesday.

"But our clients are also saying that in this context that a fair and lawful process should be applied in the same way that it is for people who arrive on the mainland."


Get SBS News straight to your inbox

Sign up now for daily news from Australia and around the world. You can also subscribe to Insight's weekly newsletter for in-depth features and first-person stories.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Follow SBS News

Download our apps

Listen to our podcasts

Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS

SBS World News

Take a global view with Australia's most comprehensive world news service

Stream now

Watch the latest news videos from Australia and across the world