Boats may be loaded with kids: Bowen



MMIGRATION Minister Chris Bowen has warned that any attempt to deport children would be subject to review by the courts.


Which could open the possibility of people-smugglers loading boats with children to beat any new offshore processing scheme, he said.

As the government of Nauru declared it would comply with the UN Convention on Refugees within a month, clearing a potential roadblock set by the High Court, senior government sources confessed there was deep uncertainty in Labor on how to respond to Wednesday’s court ruling, which scuttled the Malaysia Solution and cast doubt on the legality of all offshore processing.

“It’s about whether you go the Howard route or whether basically you just accept the High Court’s going to run migration policy and there’s no offshore processing allowed, contrary to all legal precedent,” a senior government member said of the options being considered.

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Julia Gillard said preliminary legal advice from the Solicitor-General suggested all offshore processing might now be illegal, including on Nauru — the opposition’s preferred policy.

“It is far from clear whether the court’s ruling would, practically speaking, permit the operation of offshore processing in other locations, even in locations where offshore processing has been conducted in the past,” the Prime Minister said.

On the issue of unaccompanied minors, Mr Bowen effectively ruled out deporting children as part of any offshore processing system. “It would be a matter which would in all likelihood be judicially reviewable, which would make the removal of unaccompanied minors to any offshore location under any regime highly problematic,” he said.

If correct, the advice on children would create a two-tiered asylum system, in which adults could be deported but unaccompanied minors could delay their transfer by litigation in the courts, effectively exempting them from removal.

It would create the “blanket exemption” the government was determined to avoid in its Malaysia policy for fear people-smugglers would exploit the loophole and load boats with children.

The government is in talks with Papua New Guinea about reopening the Howard-era detention centre on Manus Island.

But Ms Gillard indicated yesterday the legality of that option was now in doubt.

Nauru’s Secretary for Justice and Border Control, David Lambourne, told The Australian the island nation would become an official party to the UN Convention on Refugees on September 26.

Mr Lambourne said Nauru had begun making legislative changes to its migration laws to meet its obligations under international law. “At this stage as far as Nauru is concerned, our position remains unchanged and we are ready to accept asylum-seekers whenever Australia makes a request,” he said.

Nauru’s domestic laws do not currently fully recognise refugees, which was a key requirement for countries involved in offshore processing, as stipulated in Wednesday’s High Court ruling.

Nauru was the base for an Australian processing centre under the Howard government between 2001 and 2008. The centre was dismantled as one of the first acts of the Labor government under Kevin Rudd’s prime ministership.

ADDITIONAL REPORTING: LANAI VASEK

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