Asylum seeker case collapses, Morrison out manoeuvres Advocates

Originally posted by jitttlatw07 ↑

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.

http://www.dailytelegraph.com.au/ne...-to-the-mainland/story-fni0cx12-1227004945972

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"compensation for their detention at sea" perhaps we should just let them drown. obviously this "compensation" will have an amount to cover all the lawyers fees who are little else than ambulance chasers

Asylum seekers detained for almost four weeks on a Customs vessel will sue the Commonwealth for false imprisonment.
The 157 asylum seekers, including 50 children, became the first boat people in seven months to reach the mainland when they were taken to the Curtin detention centre in WA on Sunday.
Their detention on a Customs ship was to be contested at a High Court hearing next week but Justice Kenneth Hayne yesterday allowed their lawyers to change their claims to false imprisonment.
"The main case which tests the legality of the Government's actions - whether it was legal or not to take these asylum seekers away from Australia, detain them at sea for a month - remains," their lawyer Hugh de Kretser said.
They will seek compensation for their detention at sea.
Immigration Minister Scott Morrison said the asylum seekers were no more than "economic migrants". He also attacked critics of hardline border protection policies as "surrender monkeys".