Fed: Ruddock says Masri case to go to High Court, and parliament

AAP General News (Australia)
04-20-2003
Fed: Ruddock says Masri case to go to High Court, and parliament

CANBERRA, April 20 AAP - The government will introduce new laws to guarantee mandatory
detention for asylum seekers awaiting deportation if the High Court does not rule in favour
of mandatory detention.

Immigration Minister Philip Ruddock today said the government would deal with the issue
if the High Court did not overturn a Federal Court ruling in the case of Palestinian man
Akram al Masri.

The full bench of the Federal Court last week ruled that the government was not entitled
to keep Mr al Masri in indefinite detention while he waited for his deportation to be
arranged.

Mr al Masri was deported to the Gaza Strip last September, but the government continued
its appeal to the full bench in a bid to avoid a precedent that could affect its detention
of hundreds of other detainees.

Six more asylum seekers were released from detention late last week following the finding.

Mr Ruddock said today the government would take the case to the High Court, but signalled
the issue could eventually come before parliament.

"There is a live issue that needs to be resolved, about whether or not this sort of
relief is appropriate. We want to test that," Mr Ruddock told the Ten Network.

"If we can't get appropriate clarification by the High Court we will obviously have
to look at whether legislative means are necessary."

Asked if that meant the issue would become an issue for the Senate, Mr Ruddock replied:
"It may well be, and it may well be a new challenge for Labor.

"If there is an intention by some to see this as an unwinding of mandatory detention,
we will deal with it.

"The policy is absolutely crucial for ensuring we are able to manage borders effectively."

AAP jg/cdh/jlw

KEYWORD: DETENTION RUDDOCK

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