Read The Times Australia

Daily Bulletin

Asylum seekers face deportation after government win in High Court

  • Written by: The Conversation Contributor
image

The High Court has thrown out a challenge to the government’s power to detain people offshore, but Malcolm Turnbull is under pressure over the looming return of more than 250 people to Nauru and Manus Island.

In a widely expected outcome, the court, by a six to one majority, rejected the claim brought by a Bangladeshi woman who was sent to Nauru. The woman was transferred to Australia for medical reasons in the late stage of pregnancy. She now has a one-year-old baby.

The case was linked to challenges being run on behalf of another 266 people, including 90 children – 37 of them babies. Of the total about 20 are from Manus Island.

The government has been waiting on the case’s outcome to send back the people, most of whom have come for medical reasons, including women to give birth. They include a five-year-old boy who had allegedly been raped.

As the High Court case progressed, the government rushed through legislation, with Labor’s support, to buttress its legal position, and the Nauruan government “opened” the detention centre there.

The court found that the Commonwealth’s action in signing an agreement with Nauru was authorised by Section 61 of the Constitution, covering executive power. The government’s authority to finance the detention has been found to be valid. The dissenting judge was Michelle Gordon, who was appointed by the Abbott government.

Speaking before the decision, Immigration Minister Peter Dutton said the government would look at “individual cases” when sending people back. “We have been very clear that we want to provide medical support to families that are in need,” he said.

He said he had asked for some detail about the five-year-old allegedly assaulted.

“We won’t tolerate that sort of behaviour by anyone. If there is a refugee somewhere that has assaulted the child of this refugee family, then nobody would tolerate that. We just don’t accept that for a moment.”

Shadow Attorney-General Mark Dreyfus said the government needed to deal with the future of the people on Nauru and Manus Island. He said no-one had envisaged when this system was set up by Labor – “that two-and-a-half years later people – men, women and children – would be languishing in these centres … facing infinite detention”.

Dreyfus did not say that it was time to end the offshore detention policy. “The government’s got to do a great deal more so that we don’t have people in this situation.”

Greens senator Sarah Hanson-Young called on Turnbull to rule out sending children and their families back to Nauru. “Sending these children to Nauru would be child abuse and Malcolm Turnbull needs to decide whether he is willing to authorise that,” she said. Nauru was unsafe for women and children, she said. “This is the first major test for the prime minister. Will he keep these children safe?”

The case was run by the Human Rights Law Centre. The centre’s director of legal advocacy, Daniel Webb, said the people were terrified they would now face immediate deportation to Nauru.

“The legality is one thing, the morality is another. Ripping kids out of primary school and sending them to be indefinitely warehoused on a tiny remote island is wrong. We look to the prime minister to step in and do the right thing,” he said.

Authors: The Conversation Contributor

Read more http://theconversation.com/asylum-seekers-face-deportation-after-government-win-in-high-court-54106

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Accurate Measurements Matter When Ordering Flatpack Cabinets

Ordering flatpack cabinets can make a renovation or storage project more manageable, but the proce...

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...