In late 2010, the High Court considered the legality of Australia’s ‘offshore’ refugee processing regime on the basis of claims brought by two Tamil asylum seekers known as M61 and M69. This historic case has, as expected, received a lot of media attention.
The Asylum and Refugee Law Project has prepared a case report explaining the background, key issues, and consequences of the decision. It is possible to access the full text of the High Court’s judgment here.
In response to the decision, the current Minister for Immigration, Chris Bowen, announced changes to the manner in which irregular maritime arrivals are processed at offshore excised places. The new ‘Protection Obligation Determination’ process was introduced on 1 March 2011.