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The habeas corpus case submitted by asylum seekers on Nauru has been denied in
a ruling handed down yesterday (18 June) by Judge John von Doussa QC.
The applicants alleged that they are being unlawfully detained at the regional
processing centre (RPC) on Nauru, and therefore sought an order for their
release from the RPC. The hearing commenced last week (10-12 June).
In handing down his ruling yesterday (18 June) Judge von Doussa dismissed the
application on the grounds that the asylum seekers are being held on Nauru for the
purpose of processing their claims for refugee status.
“…the provisions of the Immigration Act and the regulations which permit the
detention of RPC visas are valid as the detention is for the very purpose of
ultimately “effecting …lawful removal from Nauru” of the holder”,” Judge von
Doussa said, citing the Constitution of Nauru Article 5 (1) (h).
The asylum seekers are granted regional processing visas (RPV) to be on Nauru
while their claims are being assessed. Conditions of the visa specify that they
reside at the Centre. They are also allowed supervised trips and activities
outside the Centre.
“In the present case the visas granted to the applicants, and in particular
their current RPVs, are stated to be for the purpose of determining their
claims for refugee status, and for purposes that will have to be addressed
leading up to their removal from Nauru when their applications for refugee
status have been finally determined,” von Doussa said.
“It is well recognized that the process of investigating and determining claims
for refugee status may take a protracted time. Nevertheless, at the end removal
will occur either to another country for resettlement, or to their country of
nationality.
“So understood, the provisions of the Immigration Act and the regulations which
permit the detention of RPV’s are valid as the detention is for the very
purpose of ultimately “effecting …lawful removal from Nauru” of the holder,”
Judge von Doussa said.
The application for habeas corpus also argues “that there is long and unreasonable
delay in processing their claims and in arranging their removal.”
Judge von Doussa concluded that “this is an interesting argument that I think
should be left for decision should excessive delay occur. I do not think such a
point has yet been reached. However, if the excessive delay occurs after the
favourable determination of refugee status another question will arise. The
visa conditions can then allow much greater freedom of movement. Depending on
how far the present restrictions are eased, they may not impose detention.”
Legal counsel for the asylum seekers Julian Burnside QC was assisted by Jay
Williams and representing the Secretary for Justice was Stephen Donaghue.
