Australian High Court decision to affect 1,000 rejected asylum claims

09:19, November 12, 2010      

Email | Print | Subscribe | Comments | Forum 

About 1,000 rejected asylum claims could be affected by a High Court's judgment in favor of two Sri Lankans, who were denied legal fairness in seeking a review of their claims for refugee status, the government estimated Friday.

In a landmark decision, the High Court ruled that two Sri Lankans who arrived by boat were denied "procedural fairness" because their asylum claims were reviewed through a process unchecked by Australian law.

The offshore detention regime was set up to deny those arriving by boat the right to apply for protection unless the immigration minister made an exception.

In effect, it created a two-tier system. Those who arrived at mainland airports had the right to appeal in court against their rejections but those who sailed were funneled through a separate process that mimicked the courts but was not bound by law.

The court's ruling will allow asylum seekers who arrive on Christmas Island to challenge any rejection of refugee claims in Australian courts.

The government estimated on Friday that about 1,000 rejected asylum claims could be affected by the Australian High Court's ruling.

According to Immigration Minister Chris Bowen, a "significant" number of claims already in the system are likely to be affected.

【1】 【2】


  • Do you have anything to say?


Special Coverage
  • Premier Wen Jiabao visits Hungary, Britain, Germany
  • From drought to floods
Major headlines
Editor's Pick
  • Chinese Navy soldiers hold an evening party marking the upcoming 62nd National Day aboard Chinese Navy hospital ship "Peace Ark" in the Pacific on Sept. 28, 2011. The Chinese National Day falls on Oct. 1. (Xinhua/Zha Chunming)
  • Photo taken on Sept. 30, 2011 shows the crowd at the plaza of Beijing Railway Station in Beijing, capital of China. The railway transportation witnessed a travel peak with the approach of the seven-day National Day holidays on Friday. (Xinhua)
  • A man wearing high-heel shoes takes part in the 3rd annual Walk a Mile in Her Shoes, an event when men literally walk in women's shoes to raise awareness about ending violence against women, at Yonge-Dundas Square in Toronto, Canada, Sept. 29, 2011. (Xinhua/Zou Zheng)
  • Photo taken on Sept. 29, 2011 shows a cargo ship in danger on the sea near Zhuhai City, south China's Guangdong Province. Cargo ship Fangzhou 6 of Qingzhou of southwest China's Guangxi Zhuang Autonomous Region lost control after water stormed into its cabin due to Typhoon Nesat on the sea near Zhuhai Thursday, leaving 12 crew members in danger. Rescuers rushed to the ship and saved them by using a helicopter. (Xinhua)
  • Actress Gong Li poses for L'Officiel Magazine. (Xinhua Photo)
  • Demonstrators from the Occupy Wall Street campaign hold placards as they march in the financial district of New York September 29, 2011. After hundreds of protesters were denied access to some areas outside the New York Stock Exchange on September 17, demonstrators set up a rag-tag camp three blocks away. Zuccotti Park is a campground festooned with placards and anti-Wall Street slogans. The group is adding complaints of excessive police force against protesters and police treatment of ethnic minorities and Muslims to its grievances list, which includes bank bailouts, foreclosures and high unemployment. (Xinhua/Reuters Photo)
Hot Forum Discussion