High court rules Australia immigration law unfair
by Patricia R - November 15, 2010
Australia, 15th November: The High Court has stated the law of Australia immigration as unfair forcing the Australian government to redesign its immigration legislation.
As per the High Court, the rule of rejecting claims of asylum seekers overseas by Australian immigration department is wholly unjustified. The High Court maintained that the immigration officials had no jurisdiction to reject the claims of asylum seekers just for the reason that they were not qualified for appeal as per present Australia immigration laws.
The court ruling favored two immigrants hailing from Sri Lanka who had appealed after their claims on the detention center Christmas Island were rejected. It was maintained by the ruling of the High Court that the quasi-judicial review system of Australian government had denied access to courts to the Tamils and hence, erred the legal system.
Until now, migrants coming to Australia by plane had the legal right to appeal while those coming to Australia by boat were detained at distant off-shore detention centers and did not have the right of appeal.
The ruling debars Australian immigration department from giving different treatments to boat arrivals from air arrivals.
Moreover, the latest ruling by Australia’s High Court has raised serious concerns about large number of rulings in the last nine years period since the Christmas Island was freed from Australian migration zone way back in 2001.
The ruling also prohibits the proposals of Australian Prime Minister Julia Gillard during election 2010 for limiting boat arrivals into Australia.
Reacting to the recent High Court ruling, Ms. Gillard, who is in Seoul these days for attending a meeting of G 20 said that Australian immigration minister Chris Bowen will recommend any changes needed in legal rules after considering the options of Labor following the ruling by the court that asylum-seekers still have a legal right to appeal.
She claimed that the recent decision of the High Court will not affect her plans for rules concerning regional processing center and regional protection agenda. She was backed by immigration minister Bowen who added that processing in other nations might be affected provided it was done by Australian officials.
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