Minors among 153 held at sea

MORE than 150 asylum seekers will remain on an Australian Customs ship “on the high seas” until at least Friday after an extraordinary High Court hearing yesterday.

Their lawyer, who has challenged the Government for attempting to return them to Sri Lanka where they face arrest and “persecution”, now fears they could be taken to Manus Island or Nauru.

A boat carrying 153 asylum seekers, including dozens of children aged as young as two, was detected 250km from Christmas Island 10 days ago.

It was confirmed in the High Court that the boat was intercepted and passengers transferred to a Customs vessel now “on the high seas”.

Government Solicitor General Justin Gleeson told the court 72 hours’ written notice would be given of “any intention” to transfer the asylum seekers.

Justice Susan Crennan said that undertaking would not prevent the 153, of which 37 are believed to be minors, being sent somewhere else for offshore processing.

The hearing in Sydney, adjourned until Friday, came as 41 asylum seekers from a second boat, that was intercepted by authorities and the passengers returned to Sri Lanka this month, faced court in Galle.

Sri Lankan authorities took the group to high- security Boossa prison on Monday and plan to charge them with leaving the country illegally, which carries a jail sentence of up to two years.

Mr Gleeson told the court the passengers “had no claim to enter” as they “were not in Australian waters or ( had) reached the Australian migration zone” which could have “triggered” territorial rights.

“Any claims made under the migration act are inapplicable,” Mr Gleeson said.

Earlier, Ronald Merkel, for the asylum seekers, said at least 50 of those on board came from a Tamil refugee camp in Pondicherry, India, and they shouldn’t be returned to a country they had fled due to “persecution” and suffering.

Australia has non refoulment obligations under two international Treaties.

Mr Merkel said the on- sea assessment of their refugee claims was done “by someone we don’t know, in a language we’re not sure of”.

He indicated to the court that he wanted notice if the group was sent to Manus Island or Nauru.

The matter returns to court on Friday, with a fresh court hearing expected in the coming weeks.

Human rights lawyer George Newhouse, acting for 48 of the Tamils on board, said outside court “we do appreciate the fact they don’t have to hide away and cower in fear of being returned to prison or possibly death”.

“A group of vulnerable men, women and children will not be sent back to their persecutors in Sri Lanka,” he said.