CHRISTMAS ISLAND, Australia, (BBC)-An Australian court has ruled that more than 400 mainly Afghan asylum seekers can be moved, pending a final ruling on whether Australia acting lawfully in refusing to accept them.
The decision clears the way for the people to be transferred from the Norwegian ship which rescued them a week ago, and put on board an Australian navy troop ship.They will be taken to Papua New Guinea by sea, and then flown on to New Zealand and Nauru, where their asylum claims will be assessed.
A civil liberties group brought the case in the Melbourne court, arguing that Australia was legally obliged to accept the refugees - something Prime Minister John Howard consistently refused to consider.It will take between six or 10 days for the refugees to reach Port Moresby.
If the Melbourne court finds Mr Howard's government acted illegally, the refugees will be returned to Australia.
Settlement deal Mr John Howard announced on Saturday that New Zealand and Nauru had agreed to process the refugees, who were picked up by the Norwegian ship the Tampa eight days ago after the boat in which they sailed from Indonesia began to sink. (Map)
criticism, Mr Howard has consistently refused permission for the Tampa to dock temporarily on Australia's Christmas Island.Amid concerns that the Tampa could not make the long journey with hundreds of passengers on deck, Australia decided to transfer them to the troop ship Manoora, which is being escorted by a frigate.
Mr Howard described the Manoora as "quite comfortable" and said it had adequate facilities for the refugees.
Australia will meet the costs of the operation, and has also agreed to take some of the refugees, if their claims are judged to be genuine.
Norway has criticised the plan for dealing with the asylum seekers, saying it is not acceptable under international law.It said the best solution would have been to allow them ashore immediately, on Christmas Island, rather than make them endure more time at sea.
The United Nations refugee agency, UNHCR, had also backed such a move, but UN Secretary-General Kofi Annan has now accepted the Australian plan to transfer the refugees, despite reservations.
Patrols
In a related move, Mr Howard has announced that Australia will tighten patrols "quite intensively" to try to prevent other illegal immigrants reaching the country.
But he said that other countries in the region needed to play their part.
"We do not have the co-operation of countries that should be co-operating," he told Sydney's Sunday Telegraph.
He said that latest reports indicated that there were another 5,000 refugees in Indonesia who wanted to come to Australia