Court rules in favor of refugees

Court rules in favor of refugees

SYDNEY, Australia (AP): A federal court judge ruled on Tuesday that the government illegally detained hundreds of foreign refugees who were caught trying to sneak into the country aboard an Indonesia ferry and said they must be allowed to land on Australian soil.

The government said it would appeal the ruling.

Federal Court justice Tony North ruled in Melbourne that Australia illegally detained the 433 asylum seekers and should now allow them to land on Australian soil. He gave the government until 5 p.m. (2 p.m. in Jakarta) Friday to comply, barring an appeal by its attorneys.

A spokeswoman for Attorney-General Daryl Williams said he was considering the judgment, but there would be an appeal. The opposition Labor Party said it would support the government.

Melbourne lawyer Eric Vadarlis, acting for the refugees, said he was happy the court had sided with the law, not politics surrounding the case. "The Federal Court is saying to the government: 'You've got to follow the law'," he told Australian Broadcasting Corp. radio.

The crisis erupted Aug. 27, when Prime Minister John Howard turned away the 433 refugees rescued from a sinking Indonesian ferry by the Norwegian cargo ship MV Tampa.

The boat people -- mostly Afghans, but some Sri Lankans and Pakistanis - languished on the deck of the Tampa near the remote northern territory of Christmas Island for a week before Howard negotiated a deal to send them to New Zealand and the tiny Pacific republic of Nauru, where their asylum applications will be assessed.

Australia said it would take some of those granted refugee status.

The asylum seekers were transferred to the Australian navy ship HMAS Manoora on Sept. 3, and were to have headed to Papua New Guinea. There, they were to be transferred to planes for flights to Nauru and New Zealand.

However, late on Tuesday Foreign Minister Alexander Downer said the Manoora would steam directly to Nauru where another group of 237 refugees, picked up Friday night, would have their asylum applications processed while the original 433 awaited a final court decision on their fate. The original refugees are to remain on board the ship during the appeal process, the government has said.

The 237 additional refugees taken by the Australian navy off another Indonesian boat carrying refugees toward Australia. Tuesday's court ruling did not affect them.

Australia had said it would bear the cost of the refugees for Nauru, a dot in the ocean 7,240 kilometers east of Christmas Island that depends on Australia for its livelihood. A 21.7- square-kilometer island with a population of less than 12,000, Nauru's only major industry is phosphate mining.

Nauru President Rene Harris was briefed on the court decision by Downer shortly after it was made.

"Nauru is still continuing with plans (for housing the refugees) until it is advised otherwise," Harris' spokesman, Christopher Hawkins, said.

Although international leaders including United Nations Secretary-General Kofi Annan condemned Australia's policy, Howard's popularity at home has soared, just months from a federal election.

Thousands of refugees each year make the perilous voyage to Australia from Indonesia in ships run by people smuggling rings. Most come from Afghanistan, Iraq and South Asia.

Three of the four Indonesian nationals accused of attempting to smuggle the 433 asylum seekers into Australia appeared in a Perth court Tuesday. The three men -- together with a juvenile who will appear in the Perth Children's Court Wednesday -- are facing charges of attempting to bring, organize and facilitate people who would become unlawful citizens.

They were remanded in custody to reappear in Perth Magistrate's Court on Oct. 9.

Late on Monday, another Indonesian boat, carrying 130 asylum seekers ran aground on a reef off the coast of northern Australia. The boat was carrying five Indonesian crew members, 126 Afghans and four Iranians. There were 19 women and 19 children among the refugees.

A spokesman for Defense Minister Peter Reith said the Indonesian fishing boat Ratna-Mujia had entered Australian territorial waters without permission and was slightly damaged by hitting a reef. He said the navy would make it seaworthy again and return it international waters.

Downer said if that isn't possible, the navy will likely board the vessel and its passengers could be sent to Nauru.