Lankan asylum-seekers in Australia win High Court judgment
November 11, 2010 07:40 am
Hundreds of failed asylum seekers may be able to appeal their cases through the Australian courts after the High Court today ruled in favour of two Lankan boat people whose refugee claims were rejected under Australia’s offshore refugee processing system.
The full bench of the High Court ruled immigration officials erred when they denied protection to the Sri Lankan asylum seekers, and that the Tamil men were denied procedural fairness in a subsequent review by Government contractors.
Government lawyers are closely examining the judgement, but it appears to throw into doubt the limited avenues of appeal afforded to asylum seekers who are processed offshore.
The men arrived on Christmas Island last October claiming they would be persecuted if sent back to Sri Lanka.
Their lawyers claimed the Federal Government’s processing procedures on Christmas Island were unlawful and unconstitutional.
The court ordered the men’s legal costs be paid by the Commonwealth, the Herald Sun reports.