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Final destination still unknown

The ordeal continues for the asylum seekers now on board the Australian troop ship
The ordeal continues for the asylum seekers now on board the Australian troop ship  


By Andrew Demaria
CNN

(CNN) -- The court verdict to overrule Australia's decision to turn away more than 400 asylum seekers is a serious blow to Prime Minister John Howard.

Howard has been adamant all through the saga that the asylum seekers would not set foot on Australian soil and saw the deal to send them to New Zealand and Nauru as a major victory.

The majority of the Australian public has backed his tough stance and despite international condemnation, his ratings have soared ahead of a federal election later this year.

The latest twist to the saga now means the asylum seekers must be brought to the Australian mainland by Friday, although their final destination remains uncertain.

They are now onboard an Australian navy vessel heading to Papua New Guinea after being transferred from a Norwegian cargo ship near Christmas Island last week.

The Australian government has said it will appeal the decision, which could set a controversial precedent for this touchy issue.

Legal doubt

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After six days of hearings in Melbourne, the Federal court has thrown doubt over the legality of the government's actions.

Government lawyers have argued the boatpeople lost any rights to seek asylum in Australia after they forced the captain of the Norwegian freighter to head to Christmas Island -- an Australian territory -- rather than Indonesia, which was closer.

The law of the sea stipulates that people rescued from ships in distress should be taken to the nearest port.

However, civil rights lawyers, acting on behalf of the asylum seekers, successfully argued that because the refugees are effectively detained by Australian troops on board an Australian vessel, they fall under Australian jurisdiction.

They therefore have the right to seek legal advice on their asylum application in Australia, the lawyers argue.

If the court decision is upheld, the government fight to deter asylum seekers from reaching Australian shores will be weakened.

The drawn-out saga that has embroiled three countries and shows little sign of ending soon comes at a sensitive time for the country.

Over the past year, the Australian public has grown increasingly resentful over the mounting number of illegal immigrants arriving in the country.

More than 3,700 people have arrived on Australia's vast coastline so far this year, compared with 2,939 for all of 2000. While those arriving seek a new life, instead they are detained in camps.

Rioting in these centers, set up to house and process illegal immigrants, has added fuel to the debate.

More than 3,500 illegal immigrants are now being held in detention in Australia, including women and children.

Many Australians are irked at what they see as a spiraling cost to the taxpayer, amid claims the South Pacific nation is increasingly becoming the target for people smuggling operations.

Ordeal continues

When Australia turned away those on board the Norwegian ship, it was the first time it has refused entry to a cargo ship full of asylum seekers.

And while Howard's move has been widely applauded at home, global aid groups and a minority of Australians argue that countries have an international duty to at least process asylum seekers.

Concern too is mounting for those now aboard the Australian troop ship, the HMAS Manoora.

After spending more than a week on the deck of the Norwegian freighter and now a week aboard the Manoora, the final destination of the asylum seekers is now as uncertain as when they first arrived off the coast of Christmas Island.

For the asylum seekers, caught in the middle of legal wrangling and international diplomacy, the ordeal seems far from over.






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