Mark Dodd and Paige Taylor From: The Australian August 13, 2011 12:00AM
A boatload of asylum-seekers arrives at Christmas Island yesterday. Picture: Kent Retallick Source: The Australian BABIES and children arrived yesterday on the fourth asylum-seeker boat to reach Australian waters since the Malaysian refugee swap deal was struck, with more than 250 boatpeople now stuck in legal limbo.
It is understood the latest boat was carrying 59 passengers, who now join the queue of people slated to be sent to Malaysia under the terms of the agreement.
Australia plans to send 800 asylum-seekers to Malaysia and will accept 4000 refugees over four years in return. But the High Court is scheduled to hear a challenge to the deal.
Yesterday's arrival of more children comes amid unconfirmed reports that a wooden fishing boat intercepted on Thursday off Christmas Island had been carrying 31 unaccompanied minors - almost a third of the 103 people aboard.
The influx of boats - now four since the Malaysian deal was signed on July 25 - comes as it emerges that the fallback option of reopening the Manus Island detention centre in Papua New Guinea also faces delays.
Speaking to The Weekend Australian, PNG high commissioner Charles Lepani said Manus would not be ready to house asylum-seekers "for months" because the Pacific facility had been dismantled after Kevin Rudd came to power.
Despite the latest boat arrival, Immigration Minister Chris Bowen's spokesman said last night the minister stood by his comments that the Malaysian deal was a deterrent for people-smugglers.
The High Court is due to hear a directions hearing on Monday on a legal challenge to the Malaysia deal that has resulted in an injunction preventing any deportations of newly arrived asylum-seekers at Christmas Island.
Opposition immigration spokesman Scott Morrison said the deal was now in a "very difficult spot".
"I think the government's stalled Malaysian deal is now looking increasingly like a pre-paid mobile phone running out of credit," he said.
A government statement on yesterday's boat arrival said those on board would be sent to another country, in contrast to the statement issued over Thursday's arrival which said they would be sent to Malaysia.
On Thursday, the PNG cabinet approved a request from the Gillard government to reopen the centre built in 2001 as part of the Howard government's Pacific Solution and shut two years later.
Mr Lepani said terms for the reopening of Manus still needed to be negotiated with Canberra.
In another setback for the government, Mr Lepani said any talks on reopening Manus would also involve the UN refugee agency. This contradictedMr Bowen's assurance yesterday that UNHCR would not be part of the deal and had been effectively sidelined.
Julia Gillard later reiterated Mr Bowen's comments, saying the government had never expected UNHCR involvement in the administration of the Manus Island facility.
Mr Lepani yesterday insisted any deal about the future of Manus would be in consultation with the UNHCR.
"We are signatories to the refugee convention, so of course we will have to involve UNHCR."
The veteran diplomat said it was wrong to assume Manus could be quickly renovated to accommodate asylum-seekers from Christmas Island's overflowing facilities.
"It (Manus) will be subject to a lot of discussion because Manus is closed and a lot of materials and equipment was removed to Lorengau naval base or taken by the provincial government.
"There could also be a consideration to move this facility to another place in Papua New Guinea and not just Manus," he said.
Mr Bowen said any agreement with Papua New Guinea would complement the arrangement with Malaysia.
"It means if you are thinking of making a boat journey to Australia, then it's very clear to you that you may be sent to Malaysia or Papua New Guinea, but you are not going to be processed in Australia," he said.
Greens leader Bob Brown said whether asylum-seekers were sent to Malaysia, PNG or Nauru, any processing outside Australia was morally unacceptable.
