Australia: Court rules tough laws on asylum are unfair

Australia's minority government suffered a setback in its promise to strengthen border security yesterday when the country's highest court ruled that tough laws meant to deter asylum seekers were unfair.

The unanimous ruling by the High Court of Australia's seven judges will force the Labor government to reshape its policy of detaining asylum seekers on offshore islands and blocking their access to appeal courts.

That could undermine prime minister Julia Gillard's election promise to choke off an influx of seaborne asylum seekers, and reopen a divisive debate that could damage her government's popularity. Border security is a volatile issue in Australia, with voters divided over how asylum seekers should be treated.

The judges said two Sri Lankan Tamil men who arrived last October were denied "procedural fairness" after unsuccessfully seeking a review by immigration minister Chris Bowen, who said their cases did not qualify.

"Because these inquiries prolonged the detention of the plaintiffs, there was a direct impact on the rights and interests of the plaintiffs to freedom from detention at the behest of the (minister]," the court ruled.

Attorney general Robert McClelland said the judgment would have to be carefully examined to see if current laws needed to be changed.