Australian government lawyers told a court today any ruling that would restrict its authority to keep out suspected asylum seekers could leave it vulnerable to disasters such as the World Trade Center attack in New York.
The government was appealing Federal Court Justice Mr Tony North's ruling that 430 asylum seekers - who were stranded on Norwegian freighter the
Tampa
for more than a week after Australia refused to accept them - should be allowed to land here by tomorrow.
Solicitor-General Mr David Bennett told the court the executive needed powers to keep out "friendly aliens" who the government believed represented a threat, even if there was no proof.
"The people who did what happened in New York yesterday were friendly aliens," he said. Mr Bennett denied the asylum seekers had been detained on the Tampabut had merely suffered "a loss of freedom".
He said the asylum seekers brought the situation down on themselves.
The mainly Afghan boat people are now on board an Australian troop carrier, HMAS Manoora, heading for Nauru, from where some of their number will eventually be transferred to New Zealand.
Their claims for legal refugee status will be assessed by the two South Pacific nations, who have offered to process and house them in order to defuse the diplomatic row that followed the refusals of Australia, Norway and Indonesia to accept them.
The Manoorawill continue to steam towards Nauru pending the outcome of today's appeal hearing.
Counsel for the Victorian Council for Civil Liberties, who brought the case against the government, claim the executive powers have no effect alongside the Migration Act.
The full bench of Chief Justice Mr Michael Black, Mr Justice Bryan Beaumont and Mr Justice Robert French will hand down their decision on Monday.
AFP