The first transfers of asylum seekers to Nauru since Labor abolished offshore processing in 2008 will start within days.The coalition joined Labor in the Senate on Wednesday to pass the legislative instrument allowing Nauru to be used for offshore processing, after months of heated debate over the best way to tackle people smuggling.
Officials are now selecting the first 40 to 50 asylum seekers to fly to Nauru, where tents have been set up for them while former Howard government-built facilities are repaired.
However refugee lawyers are considering their options regarding a possible legal challenge, which succeeded in the case of the government’s so-called Malaysia solution last year.
As of Tuesday, there were 2045 asylum seekers on Christmas Island and 2131 in Darwin’s three immigration facilities.
There have been just over 2200 arrivals since August 13 – the start date set by the government for people being ‘at risk’ of offshore processing.
Nauru will eventually have the capacity for 1500, while Manus Island off Papua New Guinea will cater for 600.
Opposition immigration spokesman Scott Morrison warned that without temporary temporary protection visas and turning back boats, Nauru could reach breaking point very quickly.
‘If this government allows Nauru to fill up by failing to implement the full suite of Howard government policies, then they cannot expect the coalition to come to their aid to support more of their failed policies,’ Mr Morrison told reporters in Canberra.
‘If this government breaks Nauru, then they own it. If you break it, you own it.’
Mr Morrison said the government also risked opening itself to legal challenge because it allowed asylum seekers access to the Australian court system, rather than immediately taking them to Nauru once intercepted.
While Immigration Minister Chris Bowen did not comment on Wednesday, Deputy Prime Minister Wayne Swan told parliament the opposition was ‘playing politics with the lives of people getting onto boats’.
He said the government was responding to the issue in a responsible way.
The Senate rejected a coalition amendment to compel the government to reintroduce TPVs and turn back boats.
A Greens amendment to put a 12-month time limit on people being detained on Nauru was also defeated.
Greens Senator Richard Di Natale said the debate had little to do with the welfare of refugees and everything to do with gutter politics.
Prominent human rights advocate Julian Burnside says there is potential for a legal challenge but he was not aware of any concerted effort yet to do so.
He said it was possible a challenge could use similar arguments that led the High Court to overturn the Malaysia people-swap agreement.
There could also be a ‘separation of powers’ problem, if it could be proven that the purpose of the transfer was punitive action by an executive government.
Mr Burnside said the government would come under considerable pressure as Australians realised the potential cost of the exercise.
Based on 2005 costings for Nauru processing – $1600 per person per day – the final bill for taxpayers could come in at between $8 billion and $43 billion over the next three years, he said.
Source: skynews