Australian boat people ruling delayed

The boat people were transferred to the HMAS Manoora

A court in Melbourne has delayed a decision on whether the government acted illegally in refusing to accept 433 asylum seekers stranded off the coast of Christmas Island.

The judge said he may not be able to deliver a ruling until the mainly Afghan migrants reached Papua New Guinea in a few days time.

A BBC correspondent in Sydney says the delayed decision raises the possibility that the migrants will not be able to dock until a ruling is delivered.

If civil liberties lawyers win their case, the asylum seekers could be sent to Australia to have their claims assessed, though the government would be certain to appeal.

Federal Court judge Tony North adjourned the case on Wednesday following final submissions from both sides.

Stranded

Australia refused to take the asylum seekers after a Norwegian freighter, the Tampa, rescued them from a sinking Indonesian ferry trying to smuggle them to Australia.

John Howard's stance has boosted his popularity

The Tampa took them to Christmas Island but Australia refused to let them land. The migrants were then stranded on the ship for eight days while a diplomatic standoff continued between Australia, Norway and Indonesia.

Finally on Monday they were put on the Australian navy troop carrier HMAS Manoora, which is now heading to Papua New Guinea.

From there, Australia plans to fly 150 of them to New Zealand and 283 to the tiny South Pacific island of Nauru, while individual asylum claims are assessed.

Charged

Four Indonesians who were on board the ferry that sank are in custody on Christmas Island charged with people smuggling. If convicted, the four, aged between 17 and 31, face a maximum jail sentence of 20 years.

Australia has charged four Indonesians with people smuggling

Under tough laws introduced in Australia in 1999, people-smugglers also face fines of up to A$220,000 (US$116,000).

Meanwhile Immigration Minister Philip Ruddock, Defence Minister Peter Reith and Foreign Minister Alexander Downer travelled to Indonesia on Wednesday for talks with their counterparts.

They are expected to ask Indonesia to extradite at least six more suspected people smugglers in a crackdown on the illegal trade.

More than 300 people have been jailed in Australia since the 1999 laws were introduced.

Australian Prime Minister John Howard's tough stance over the boat-people has boosted his ratings in the opinion polls ahead of a general election expected later this year.