The highest court in Australia has ruled the current immigration policy of the nation as being unfair. It is obvious now that the government of the nation is now forced to revamp its policy pertaining to immigration.

The Australian High Court has ruled against the immigration policy of the nation. This is specifically in regards to the offshore processing of the asylum seekers. This processing caters to denying a chance of appeal for these asylum seekers whose visa claims have been rejected.

The case was brought about in the High Court by two Tamil men. These men are come to Australia in October. Their appeal for their case to be reviewed was rejected by Chris Bowen, the Immigration Minister for Australia. The main reason behind this rejection was due to the fact that these men did not quality under the present laws pertaining to immigration.

As per the court, these men have not been subject to a procedural ruling which can be considered as being fair. Also, these inquiries took a longer period of time. This led to an extended detention of these men. This has led to a direct effect on the rights and the interests of these men when it comes to freedom from being detained. The main reason behind this was due to the instruction of the immigration minister for not reviewing their case.

With the ruling in place, a ban has been implemented on the differential treatment of asylum seekers on the basis of their mode of arrival. This mainly caters to those who have arrived via boat and others via air.

It has been noticed that from 2001, the Australian government has been denying legal challenges for those detainees who have arrived by boats. This was being done by removing some of the offshore parts of the nation from the domain of immigration law.

However, with the present ruling in place, the plans set by Prime Minister Gillard to put a cap on the boat arrivals to the nation seems to be hampered. The Prime Minister had brought about this plan as part of the promise that she had made during the elections in 2010.