Asylum seeker case collapses due to the government’s move to bring them to the mainland
THE High Court case launched by 157 asylum seekers against the federal government has collapsed with a full bench hearing abandoned because of the government’s move to bring them to the mainland.
But lawyers acting for the Sri Lankan Tamils, mostly residents of India, have changed their case mid-stream, flagging the possibility of a new case to claim compensation against the government for keeping them at sea in a Customs vessel for three weeks.
Representing the asylum-seekers, Ronald Merkel, QC, told the court he wanted the statement of claim amended to include “damages for unlawful detention”.
His case sparked a flurry of questioning by Justice Kenneth Hayne, who asked “why?” in response to Mr Merkel’s claim their detainment at sea last month remained “a live issue”.
“They were not taken to a place outside Australia. It’s an event that has now not happened,” Justice Hayne said.
Justice Hayne said “events had overtaken” the case he had previously set out.
The 157 Tamils — including 37 children — arrived in Australia on Sunday after being flown from the Cocos Islands. they are at the Curtin detention centre in Western Australia.
Counsel for the government told the court there was no need for the “urgency” of a hearing next week, in light of the removal of the group from sea. They argued the amendment to the damages sought by the asylum seekers was “undesirable” as there were no established facts about the period at sea.
