The Daily Wire: Legal Advice Rules Out Any Offshore Processing - The Daily Wire

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The Federal Government has received additional legal advice which effectively rules out ANY offshore processing of asylum seekers.

This means that the option of Nauru is off the table, even though Opposition Leader Tony Abbott continues to tout Nauru as an alternative offshore processing location.

The immigration Minister Chris Bowen says the Government will use the advice to determine its next policy step, which may be to amend the Migration Act.

“What the solicitor-general’s advice today says is that it would be difficult under existing laws under existing legislation to pursue offshore processing in New Guinea or Nauru, or for that matter in many countries,” he told Barry Cassidy on ABC’s Insiders program.

“There would be considerable challenges for any Government that tried to do that including, of course, the Opposition.”

Mr Bowen says the advice dismisses Opposition Leader Tony Abbott’s claim that the High Court ruling had no impact on sending asylum seekers to be processed in Nauru.

“Quite clearly under all the legal advice, if Mr Abbott wanted to go down the Nauru option he would need legislative change,” he said.

“What is very clear from the High Court judgment is you could not send unaccompanied minors in any workable way to Nauru or anywhere else.”

More than 330 asylum seekers the Government wanted to transfer to Malaysia are in limbo on Christmas Island until a decision is made on where to send them for processing.

During the week Prime Minister Julia Gillard called the High Court’s decision “deeply disappointing” and said it contradicted precedents set by other courts in challenges to the Migration Act.

Yes, how very disappointing that the government will now be compelled to find a more humanitarian approach to the issue of asylum seekers, an issue that it sought to gain political mileage from with its “get tough” but ultimately flawed “Malaysia Solution.”


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"offshore processing" is to be taken to mean any other country other than a location over which Australia has jurisdiction I am presuming
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