Federal court overturns Tampa refugee ruling

By GREGG WYCHERLEY

An Australian Federal court last night rejected a judge's ruling that the asylum seekers rescued by the Norwegian freighter MS Tampa must return to Australia.

The New Zealand Government has agreed to take 150 of the asylum seekers, and a resettlement centre has been set up at Mangere.

Last night Prime Minister Helen Clark said the Mangere centre was "ready and waiting", but the procedure to select and process the refugees accepted by New Zealand could not begin until it was clear whether or not the court ruling would be challenged.

Last night's two-to-one decision overturned the original Federal Court ruling that the Australian Government acted illegally in refusing to allow the 430 asylum seekers to land in Australia.

The asylum seekers were rescued from their leaky vessel by the Norwegian freighter Tampa as they tried to head for Christmas Island.

Australia refused them entry, and after a week-long standoff they were transferred to HMAS Manoora for transportation to Nauru.

The Manoora arrived at Nauru yesterday, carrying the 430 asylum seekers rescued by the MS Tampa on August 26 and another 237 boat people it picked up from Ashmore Reef.

The 237 extra refugees are also due to disembark when Australian Army engineers have completed the detention centre - a bleak, corrugated iron camp in a sports field.

The refugees will be detained there until their destinations are decided.

The court ruled that the asylum seekers were not detained while on the MS Tampa, and that their freedom was not restricted.

It concluded that the Commonwealth Government acted within its executive power under the constitution by taking steps to prevent the landing of the asylum seekers.

"The majority has also concluded that the rescuees were [neither] detained by the Commonwealth [nor had] their freedom restricted by anything that the Commonwealth did."

The Federal Government had appealed against the original Federal Court decision last Tuesday, which agreed with the Victorian Council for Civil Liberties (VCCL) and Melbourne solicitor Eric Vadarlis that the asylum seekers should land in Australia.

They said the Government prevented the asylum seekers exercising rights provided by the Migration Act.

Ms Clark said: "Our position is we want to see the court process through."

"As we understand it, there's still another level of appeal which could be exercised."

She said the Australian legal options had to be exhausted so the asylum seekers could make an informed decision about their futures.

"We just have to be very clear that we don't want to put people into a position where they have to make a choice when there might be another choice."