UNHCR May Intervene In High Court Case About Asylum Seekers Detained At Sea
Monday 25 August 2014 @ 10.14 a.m. | Legal Research | Immigration
The United Nations High Commission of Refugees (UNHCR) may seek to intervene in the High Court case currently being fought on behalf of the Tamil asylum seekers who were previously detained on an Australian customs vessel. In a brief directions hearing conducted over video link last Thursday, Justice Hayne announced the case would be heard on the 14 and 15 October by the Full Court in Canberra.
As previously reported by TimeBase, the case (currently known as CPCF v Minister for Immigration and Border Protection) began in July when Justice Crennan issued a temporary injunction to prevent the asylum seekers being transferred to the government of Sri Lanka or any of its representatives. Since then, the asylum seekers have been transferred to Australia and then Nauru. George Newhouse, a lawyer representing the asylum seekers, told The Age the case would decide whether the government had the authority:
“to intercept a boat on the high seas, hold the passengers virtually as prisoners for a month and then attempt to send them back to another country… This is a case that has never been tested before and the power of the government to undertake such action is in question.”
The Age reported that:
“The UNHCR is planning to apply to appear in the case not as a litigant, but to assist the court on points of international law. It will be the first time the agency has sought such leave since 2006.”
Mr Newhouse told The Guardian:
“It would be highly unusual for the United Nations to intervene in a high court case in Australia. It shows the high level of concern internationally over Australia’s treatment of vulnerable men, women and children.”
Earlier in the year, the UNHCR expressed “profound concern” about the detention of the asylum seekers, saying:
“When boats presumed to be carrying asylum seekers are intercepted, UNHCR’s position is that requests for international protection should be considered within the territory of the intercepting state, consistent with fundamental refugee protection principles…
UNHCR considers that individuals who seek asylum must be properly and individually screened for protection needs, in a process which they understand and in which they are able to explain their needs.”
The Australian Human Rights Commission may also seek to intervene in the case.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
Sources:
UN agency in High Court challenge to Abbott government's treatment of asylum seekers (Michael Gordon, The Age, 21/08/2014)
Tamil asylum-seeker court case may see UN intervene (Oliver Milman, The Guardian, 21/08/2014)
UN: 'profound concern' at Australia's handling of Tamil asylum seekers (Oliver Laughland, The Guardian, 03/07/2014)
CPCF v Minister for Immigration and Border Protection and Anor [2014] HCATrans 184 (21 August 2014)
