Asylum seekers make it to Australian mainland despite Abbott Government policy

According to Australian High Court July 2014 transcripts; outside Australia’s territorial waters on or about 8 June 2014 the Abbott Government intercepted a boat carrying approximately 150 Sri Lankan Tamil men, women and children (of which the youngest appears to be two years of age) allegedly intending to seek asylum in this country. All were taken on board a Customs ship which then moved further out into international waters, allegedly so that Australian officials could at some point transfer them to the custody of Sri Lankan officials.

On 20 June 2014 the Minister for Immigration and Border Protection issues this media release :

The latest weekly update from Operation Sovereign Borders highlights the continued success of the Coalition Government's border protection policies with more than six months having passed without a successful people smuggling venture, and is a reminder to the people smugglers that the same set of policies and resolve they have faced to date will remain on our borders, Minister for Immigration and Border Protection, the Hon Scott Morrison said today…..

The ABC The World Today program reported on Monday 23 June 2014:

TONY ABBOTT: We've stopped the illegal boats, we will ensure that we stop the jihadists as well.

A month later and matters were not going Abbott and Morrison's way.....

ABC News 26 July 2014:

The Government has confirmed it intends to send 157 Sri Lankan asylum seekers who have held been on a Customs boat to the Curtin Detention Centre in remote WA.

The group of men, women and children left in a boat from India and have spent nearly a month in legal limbo on board the Customs ship, after being intercepted by Australian authorities….

ABC News 26 July 2014:

International law Professor Donald Rothwell says the asylum seekers' legal status remains uncertain.

"Bringing them to the mainland - if that is ultimately their destination - would bring them within the migration zone and it would activate for them a capacity to make asylum claims," he told ABC News 24.

"So we are in quite a fluid situation in terms of the ability of these people to actually make asylum claims under Australian law."

Professor Rothwell says the transfer could open up the possibility of another High Court application “to actually have the rights of these people recognised under international and Australian law".