High Court reserves decision over Tamil asylum seekers detained at sea
The High Court has reserved its decision in a challenge over the detention at sea of 157 Tamil asylum seekers and the plan to take them to India.
Lawyers for the Federal Government told the High Court in Canberra the detention at sea and planned removal of the asylum seekers was done lawfully and did not breach its international obligations.
The validity of the law used to detain the group in June has been under the spotlight at the High Court in a two-day hearing.
Government lawyers told the court the decision was made under the Maritime Powers Act by the National Security Committee of the Cabinet.
On Tuesday, lawyers representing the asylum seekers told the court that the group was illegally detained once a decision was made to take them back to India and they were also denied procedural fairness when they were not asked about their refugee status.
The group, which includes 50 children, were intercepted at sea and taken aboard the Australian Customs ship the Oceanic Protector.
The group had set out from Pondicherry in India after fleeing Sri Lanka.
A failed attempt to return the group to India saw them transferred to Nauru via the Cocos Islands and the Curtin Immigration Detention Centre in Western Australia.
Government lawyers told the court the authorities that detained the group were upholding migration laws.
The Government also defended the Maritime Powers Act.
But lawyers for the asylum seekers told the court there should have been an agreement with India before the decision to take the group there was made.
Today the court was told an advance agreement was not necessary to apply the power of the act and that the consideration was only that it be a reasonable decision.
Lawyers for the Tamils have also raised concerns that India is not a signatory to to the International Treaty on Refugees.
But lawyers for the Government told the court that would not necessarily mean the group would not get effective protection in India.
A decision from the High Court is not expected for some time.
