Heat on Govt over treatment of boat people

CANBERRA - The Australian Human Rights Commission has criticised the federal Government over its use of mandatory detention and processing of asylum seekers on Christmas Island.

As authorities yesterday intercepted another boat - the 36th this year - off the coast of Western Australia, the commission cautioned the Government against departing from its international human rights obligations.

The commission said the decision to unwind the Pacific Solution, introduced under the Howard Government, was a step in the right direction, but has raised concerns over the Rudd Government's use of Christmas Island to process asylum seekers.

"The Australian Human Rights Commission welcomed the federal Government's decision to close the offshore detention centres on Nauru and Manus Island, but we remain concerned about the mandatory detention and offshore processing of asylum seekers on Christmas Island," Commission president Cathy Branson, QC, said.

The comments come as the federal Government pursues a strategy that would result in asylum seekers headed for Australia being processed on Indonesian soil.

The Government, however, has rejected reports that a A$50 million ($61 million) deal has been struck with Indonesia to pay for the processing.

A spokesman for Home Affairs Minister Brendan O'Connor said negotiations were ongoing.

"There's been no dollar figure put to it at this point in time," he said.

The latest asylum-seeker boat to arrive in Australian waters was intercepted yesterday as it approached Ashmore Island.

The Government said initial indications suggested there were 29 passengers and four crew on board.

The group will be transferred to Christmas Island where they will undergo security, identity and health checks. Their reasons for travel will also be established.

However, the continued use of the island drew criticism from the Australian Human Rights Commission.

The commission is an independent statutory organisation that works to protect and promote the human rights of all people in Australia.

Branson said the detention of asylum seekers in a place as small and remote as Christmas Island meant detainees had limited access to legal assistance, health care, and torture and trauma counselling.

"We are particularly concerned that some children, including unaccompanied minors, are held in a closed detention facility on the island, known as the construction camp, which is claustrophobic, lacking in open grassy space and an inappropriate place for children."

The commission yesterday released a report entitled "Immigration detention and offshore processing on Christmas Island", following a visit to the island in July.

Branson said there were also concerns asylum seekers arriving in excised offshore places like Christmas Island were barred from the refugee status determination system that applied under Australian law.

Asylum seekers processed offshore go through a non-statutory process with no access to the Refugee Review Tribunal and very limited access to Australian courts.

"This policy should be abandoned and all unauthorised arrivals making claims for asylum should have those claims assessed under the refugee status determination system that applies under the Migration Act," Branson said.

Responding to the report, Immigration Minister Chris Evans said the Government had no intention of repealing or amending the provisions of the Migration Act relating to excised offshore places or offshore entry persons.

"The Labour Party went to the last election with a commitment to maintain a system of mandatory detention and offshore processing on Christmas Island for all irregular maritime arrivals and these commitments are being met," Senator Evans said.

- AAP