Allow Afghan refugees to land, says court

By Amit Baruah

SINGAPORE, SEPT. 11. An Australian Federal Court judge, Mr. Tony North, has ruled that over 430 mainly Afghan refugees, now confined on board an Australian navy vessel en route to Papua New Guinea, must be released on to the Australian mainland by Friday evening.

``I have considered the evidence placed before the Court concerning the situation of the rescuees on the MV Tampa (a Norwegian vessel which originally picked up the refugees on August 26). I have concluded that they were held in detention within the meaning of the law,'' Justice North said in a statement.

In what comes as a blow to the Australian Prime Minister, Mr. John Howard, the judge ruled that an ``ancient power'' of the Court was to ``protect people against detention without lawful authority''.

The judge's ruling was on a petition filed by the Victorian Council for Civil Liberties and Mr. Eric Vadarlis, a solicitor practising in Melbourne.

Soon after the judgment was made public, reports stated that the Howard Government had gone in appeal to a full bench of the Federal Court. The refugees must be brought back either by Friday evening or at the determination of any appeal arising from Justice North's decision - whichever is later.

Justice North said in his judgment: ``In my view, the evidence of the respondents' (Government and Ministers) actions in the week following August 26 demonstrate that they were committed to retaining control of the fate of the rescuees in all respects.

''The respondents directed where the MV Tampa was allowed to go and not to go. They procured the closing of the harbour (at Christmas Island) so that the rescuees would be isolated. They did not allow communication with the rescuees. They did not consult with them about the arrangements being made for their physical relocation or future plans....`` he said.

''The respondents took to themselves the complete control over the bodies and destinies of the rescuees. The extent of the control is underscored by the fact that when the arrangements were made with Nauru, there had been no decision as to who was to process the asylum applications there or under what legal regime they were to be processed,`` the judgment said.

Justice North pointed out that the question of Australia's policy towards refugees was a matter of great debate within the country, but his role was confined to determining questions of law.

''It is not a part of the function of the Court to interfere in the policy decisions made by the Government. But it is part of the function of the Court to determine if the Government respondents have acted within the law,`` he stated.

In his statement, the judge also quoted a letter from the mostly Afghan refugees sent to the Australian Government. ''You know well about the long time war and its tragic human consequences and you know about the genocide and massacres going on in our country and thousands of us innocent men, women and children were put in public graveyards, and we hope that you understand that keeping view of above mentioned reasons we have no way but to run out of our dear homeland and to seek a peaceful asylum,`` the letter said.

Runs aground

In another development, a boat carrying 130 asylum- seekers ran aground on Ashmore Reef in the Timor Sea in Australian waters late on Monday.

A Defence Ministry spokesman was quoted as saying that the Australian navy was ''providing assistance to render the boat seaworthy again to enable it to return to international waters. It sustained a little damage in hitting the reef``.

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Section  : International
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