ID :
205164
Sun, 09/04/2011 - 20:35
Auther :
Shortlink :
http://m.oananews.org//node/205164
The shortlink copeid
Abbott offers PM asylum seeker support
Opposition Leader Tony Abbott has offered to help Prime Minister Julia Gillard overcome new legal hurdles to processing asylum seekers in Papua New Guinea and Nauru.
Solicitor-General Stephen Gageler has confirmed that the High Court ruling that scuttled Labor's Malaysian people swap deal last week has far-reaching implications for all offshore processing.
The advice suggests the court's verdict would make it extremely difficult - if not impossible - for Australia to send asylum seekers to Papua New Guinea's Manus Island, Nauru or any other third country under current migration law.
Mr Abbott believes Nauru is still a viable option but says he is prepared to support the government to amend the Migration Act to put offshore processing beyond legal doubt.
"The coalition is prepared to work constructively with the government to bring that about," Mr Abbott told reporters on Sunday.
"We don't want the government to use the High Court's decision or the solicitor-general's opinion as an excuse to drop offshore processing."
Mr Abbott said his support was not conditional on the government reintroducing the Howard-era temporary protection visas.
But he made it clear he would only support changes aimed at resurrecting the Nauru and Manus Island centres, not the Malaysia deal.
Immigration Minister Chris Bowen has confirmed the government is considering possible legislative changes to effectively circumvent the court's ruling.
The government still has not ruled out reopening the Nauru centre, if it can find a way to legally do so, despite years of strident opposition to the policy.
But Labor's Left faction has declared it will no longer support offshore processing, making Ms Gillard's efforts to formulate a new asylum-seeker policy particularly fraught.
Opposition legal affairs spokesman George Brandis said he had spoken this weekend with Nauruan Justice Minister Mathew Batsuia, who confirmed his government was prepared to change its laws to ensure compliance with the court's verdict.
Mr Bowen on Sunday repeatedly refused to reveal whether he had offered Ms Gillard his resignation in the wake of the court's ruling.
"Conversations between the prime minister and I are conversations between the prime minister and I and that's how they'll remain," he told the ABC.
The Australian Greens urged the government to abandon assess all asylum seekers' claims on mainland Australia.
"No change to the law would be required, only a change of heart," Greens Senator Sarah Hanson-Young said.
Former prime minister John Howard said Ms Gillard had succeeded in "antagonising everybody" on asylum seekers.
"The real culprit though, of course, was Kevin Rudd," he told Network Ten.
"Kevin Rudd was the prime minister who dismantled the Howard government policy which had stopped the boats coming."
Under the deal with Malaysia, the government had planned to send 800 asylum seekers to Malaysia in exchange for 4000 already-processed refugees.
But the High Court's full bench agreed 6 to 1 that the Mr Bowen's declaration that Malaysia was an appropriate place to asylum seekers was invalid because the country is not legally bound to protect them.
Solicitor-General Stephen Gageler has confirmed that the High Court ruling that scuttled Labor's Malaysian people swap deal last week has far-reaching implications for all offshore processing.
The advice suggests the court's verdict would make it extremely difficult - if not impossible - for Australia to send asylum seekers to Papua New Guinea's Manus Island, Nauru or any other third country under current migration law.
Mr Abbott believes Nauru is still a viable option but says he is prepared to support the government to amend the Migration Act to put offshore processing beyond legal doubt.
"The coalition is prepared to work constructively with the government to bring that about," Mr Abbott told reporters on Sunday.
"We don't want the government to use the High Court's decision or the solicitor-general's opinion as an excuse to drop offshore processing."
Mr Abbott said his support was not conditional on the government reintroducing the Howard-era temporary protection visas.
But he made it clear he would only support changes aimed at resurrecting the Nauru and Manus Island centres, not the Malaysia deal.
Immigration Minister Chris Bowen has confirmed the government is considering possible legislative changes to effectively circumvent the court's ruling.
The government still has not ruled out reopening the Nauru centre, if it can find a way to legally do so, despite years of strident opposition to the policy.
But Labor's Left faction has declared it will no longer support offshore processing, making Ms Gillard's efforts to formulate a new asylum-seeker policy particularly fraught.
Opposition legal affairs spokesman George Brandis said he had spoken this weekend with Nauruan Justice Minister Mathew Batsuia, who confirmed his government was prepared to change its laws to ensure compliance with the court's verdict.
Mr Bowen on Sunday repeatedly refused to reveal whether he had offered Ms Gillard his resignation in the wake of the court's ruling.
"Conversations between the prime minister and I are conversations between the prime minister and I and that's how they'll remain," he told the ABC.
The Australian Greens urged the government to abandon assess all asylum seekers' claims on mainland Australia.
"No change to the law would be required, only a change of heart," Greens Senator Sarah Hanson-Young said.
Former prime minister John Howard said Ms Gillard had succeeded in "antagonising everybody" on asylum seekers.
"The real culprit though, of course, was Kevin Rudd," he told Network Ten.
"Kevin Rudd was the prime minister who dismantled the Howard government policy which had stopped the boats coming."
Under the deal with Malaysia, the government had planned to send 800 asylum seekers to Malaysia in exchange for 4000 already-processed refugees.
But the High Court's full bench agreed 6 to 1 that the Mr Bowen's declaration that Malaysia was an appropriate place to asylum seekers was invalid because the country is not legally bound to protect them.
