Australia refugee law case trumps government policy

The high court of Australia has issued a decision in favor of refugees in a much-watched case involving a legal distinction made between asylum-seekers who arrive by plane and those who come by ship.  In the case, two Sri Lankan men held in detention had argued that laws barring appeal to the Australian courts were unfair.

Boat arrivals are placed in detention; their status is reviewed by contractors of the Immigration Department and if denied, they have had no right of appeal in Australia’s courts. But those who arrive by plane are not automatically detained – and have the right of appeal if their claim to refugee status is denied.

The seven judges of the High Court of Australia unanimously ruled that the two Sri Lankan Tamil men were denied “procedural fairness.” Attorney-General Robert McClelland said the ruling could force a change to current laws and policies.

For the complete BBC report on the case and its ramifications, click here.

KJ