Refugees Daily - Internal Global Press Review

PEOPLE smugglers have thrown down the gauntlet to the Gillard government, crowding the first boat to arrive since the Malaysia swap policy took effect with 19 children, including 14 who were unaccompanied.

More than a third of the 55 passengers on the boat were children, exactly the scenario the government had sought to avoid. Its tough public message — that children could also expect to be deported — faces an immediate test.

Immigration Minister Chris Bowen maintained that stance yesterday. "There are no blanket exemptions and the message is very clear: if you come to Australia by boat, even if you are a minor or are claiming to be a minor, you can work on the basis that you will be returned to Malaysia," he said.

The United Nations High Commissioner for Refugees, which was involved in negotiations over the deal, is expected to be unhappy at the prospect of children — particularly unaccompanied children — being sent to Malaysia. The UNHCR has told Canberra it wanted the vulnerable protected and special cases carefully assessed.

The Greens and refugee advocates expressed outrage at the prospect of children being sent to Malaysia. The Labor government will also come under pressure from its own left-wing.

The asylum seekers — mainly Afghans, but also some Pakistanis — were unloaded at Christmas Island about 9am yesterday.

The Australian Federal Police conducted "fit to travel" assessments and collected bio data required under the deal.

They were moved to a detention facility at Phosphate Hill that has not housed children since 2005. Security has been beefed up, with riot police and extra fencing. A team of Royal Malaysian Police also arrived to help with the transfer.

The asylum seekers were read a statement informing them they would be sent to Malaysia. Single men were then taken to the main North West Point detention centre, while families and children remained at Phosphate Hill.

Mr Bower said 19 of the asylum seekers were clearly, or claimed to be, children. Three had arrived with parents, and two with an adult brother or sister. Many of the minors appeared to be teenagers, observers said.

Mr Bowen confirmed the asylum seekers might be flown to Malaysia in several smaller groups. Men are expected to be processed faster. Removals could begin as early as Sunday.

Greens immigration spokeswoman Sarah Hanson-Young said the children should not be used as a deterrent for people smugglers. "None of the 19 should be sent to a country where there are not guarantees that they will be protected from harm," she said, saying the policy left a "sick feeling in the stomach".

Human rights lawyer David Manne said the government was proposing to send children to "an uncertain and precarious fate which seriously risks violating their rights and endangering their lives".

He did not rule out a legal challenge. He said the immigration minister was the legal guardian of unaccompanied minors and was obliged to act in their best interests. "How could it be best for a child to be expelled to Malaysia?"

Opposition immigration spokesman Scott Morrison said: "It's a catch-22 of the government's own making."

Prime Minister Julia Gillard told the ABC's Lateline that she wanted to "smash" the people smuggling trade.

Australia will send 800 asylum seekers to Malaysia in exchange for 4000 refugees.