In a hearing by the High Court, it was forced for the Commonwealth to fight for the legality of immigration detention. This has come about in reference to a hearing for an application regarding the overturning of a decision taken by the Federal Government.

This decision involved the rejection of applications submitted by two men of Sri Lankan origin. These men came to Christmas Island in October last year. They claimed that if they are deported back to Sri Lanka, they would be persecuted. It is also being said that these men are supposed to be the supporters of the Tamil Tigers movement which is a paramilitary and banned in many countries.

These men wanted Chris Evans, the Immigration Minister for Australia to step in and look into their case. However, the Minister refused as he felt it was none of his duty to intervene.

Justice Maree Crennan, questioned Stephen Gageler, SC, the Solicitor-General about the conditions on which these asylum seekers have been detained. These questions were asked during the proceedings. According to Mr. Gageler, this has been mentioned very clearly in the Migration Act.

The above is just one aspect of the growing number of asylum seekers and illegal migration that is hitting Australia lately. With this, suspected members of terrorist organizations is another threat which nations are facing across the world. Comprehensive work and approach is needed in order to come about with a solution to this problem.