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Australia can detain asylum seekers on the high seas, the High Court decides
By Maria O’Sullivan On Wednesday, the High Court handed down an important judgment on the legality of the interception of asylum seeker vessels and the detention of those onboard on the high seas. It ruled, by a 4:3 majority, that the Sri Lankan asylum seekers held at sea in 2014 on a Customs vessel were…
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Questioning the queue: blocking protection to asylum seekers in Indonesia
By Maria O’Sullivan Immigration Minister Scott Morrison has announced that asylum seekers residing in Indonesia while awaiting protection will no longer obtain resettlement in Australia. This move puts into serious question the humanitarian rationale for Australia’s resettlement program and its work on a Regional Co-operation Framework for asylum seekers in Southeast Asia. Government officials constantly…
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The High Court reminds us that immigration detention is not simply at the government’s pleasure
By Patrick Emerton The High Court’s most recent immigration decision reminds us that Australia’s system of immigration detention should not be regarded as just another tool of government policy. It is exceptional, not only politically but also legally. The decision also reminds us both of what the law can offer in pursuit of justice, and…
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Looking beyond Australia’s debate about asylum to better regional answers for refugees
Guest Blogger: Paul Power, CEO of the Refugee Council of Australia The current international refugee situation is one of the most challenging the world has ever seen. Statistics recently released by the United Nations High Commissioner for Refugees (UNHCR) show that the number of people forcibly displaced worldwide has now topped 50 million, the highest level…
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Preventing asylum seekers’ return to harm through the High Court
By Maria O’Sullivan Later today, the High Court is due to hear a challenge to the screening and transfer of a boatload of Sri Lankan asylum seekers back to Sri Lankan authorities. Under international law, return of persons to their country of origin without properly ascertaining if they are refugees is clearly in breach of…
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Handing over Tamils to the state they fled breaks international law
by Azadeh Dastyari Australia appears to have reached a new all-time low in its violation of international obligations and its treatment of vulnerable people seeking Australia’s protection. If widespread media reports are true, Australia is preparing to hand over to the Sri Lankan Navy a group of Tamil asylum seekers who fled Sri Lanka. The group reportedly includes 37…
Castan Centre for Human Rights Law 
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