“In any event, the core issues in this case are common to the other 50 refugees who have also been assessed as a security risk,” Mr Manne said.
He and key members of his legal team, Richard Niall, SC, and Kristen Walker, were responsible for the successful challenge to the Malaysian people-swap deal.
The 51 refugees with adverse ASIO findings include a husband and wife with children, a widow with one child, Ranjini and an 18-year-old man who was a minor when deemed by ASIO to be a threat.
The parliamentary inquiry asserted in March that “the impossible situation these people are in is perhaps one of the greatest challenges currently facing the immigration detention system”.
A GetUp! petition triggered by the Ranjini case and calling for a review and appeals process for ASIO findings has so far attracted more than 30,000 signatures.
Labor backbenchers are expected to be given the same response that followed revelations in The Age last week of how Ranjini, a Tamil whose first husband was killed in the Sri Lankan civil war, was taken into custody without warning this month.
A government spokesman cautioned then of ”complex legal questions”.
Last night, a spokesman for Immigration Minister Chris Bowen said: “These are complex cases, but the government cannot and will not compromise on matters of national security where people have been found by ASIO to be a risk to the Australian community.”
The Tamil man being represented in the court case was assured in 2009 that if he was found to be a refugee, he would be resettled in Australia or another country within four to six weeks of leaving the Oceanic Viking.
Weeks later, he was told that he had been assessed as a security risk despite not having been interviewed by ASIO officers or advised that he was of interest to ASIO. He was given no chance to respond to any accusations.
“Our client is not asking the court for anything radical or unusual,” Mr Manne told The Age.
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