The Australian government will go to court today in an attempt to overturn a ruling that more than 430 unwanted boat people be allowed into the country. But further trouble for the government loomed with the news yesterday that the Australian navy was trying to turn away another two boats with more than 200 other refugees.
Federal Court Justice Tony North ruled on Tuesday that the 430 asylum seekers, mostly Afghans who were stranded on a Norwegian freighter for more than a week after Australia refused to accept them, should be allowed to land in Australia by tomorrow.
The Defence Minister, Mr Peter Reith, said the government would vigorously challenge the ruling before the full bench of the Federal Court, which has jurisdiction over immigration matters. "It might be good for people smugglers but it's certainly not good for Australia," Mr Reith said of Justice North's ruling.
Today's hearing involves refugees who were rescued by the Norwegian freighter, the Tampa, on August 26th from a sinking Indonesian ferry. After a diplomatic stand-off in which Australia, Norway and Indonesia refused to accept them, they left for the Pacific state of Nauru aboard the Australian troop carrier Manoora.
Nauru and New Zealand have offered to process their claims for refugee status once they arrive.
Justice North found the asylum seekers had been illegally detained after Australian troops boarded the Tampa to prevent it unloading its human cargo on Christmas Island, an Australian possession in the Indian Ocean.
The Manoora will continue to steam towards the tiny Pacific state pending the outcome of today's appeal hearing. But the government's determination to prevent the boat people reaching Australia will be tested with news the navy intercepted and turned away a fourth vessel in less than two weeks carrying asylum seekers from Indonesia.
A spokesman for the Immigration Minister, Mr Philip Ruddock, said the boat, carrying up to 120 people, was warned off as it headed for Australian territorial waters near the island chain of Ashmore Reef, 860 km off north-west Australia. "It has been escorted back towards international waters and we'll wait to see what it does," the spokesman said.
Another boat, carrying 130 asylum seekers which ran aground at Ashmore Reef on Monday, might be beyond repair. The Australian navy was working to make the sinking Indonesian vessel seaworthy in an attempt to turn it back.