Refugee Rights: Processing Suspension Breaches International and Domestic Human Rights Law

The Human Rights Law Resource Centre has published a Joint Memorandum of Advice from three leading barristers (Debbie Mortimer SC, Chris Horan and Kathleen Foley) in relation to the lawfulness of the suspension of the processing of asylum claims made by Sri Lankan and Afghan nationals. The detailed opinion concludes that the Australian Government's policy is unlawful under international and Australian law.  The policy – and persons acting under the policy – are susceptible to challenge in the Federal Court of Australia and the High Court of Australia.  A complaint could also be lodged with the United Nations Human Rights Committee.