The Office of the High Commissioner for Human Rights (OHCHR) has expressed deep concern over the decision by Australian authorities to return the 41 Sri Lankan asylum seekers without sufficient screening of their protection claims and needs.

OHCHR Spokesperson Ravina Shamdasani during a press briefing today had noted that it is required by International law that each and every case of asylum claims should be individually examined on its own merits.

“This is not something that can or should be done hurriedly, remotely and on the high seas, without procedural safeguards and due process guarantees for those involved,” Shamdasani has stated.

The Australian authorities have come under heavy criticism after it confirmed on Monday that a boatload of asylum seekers have been transferred to Sri Lankan authorities at sea, as it has been feared that those onboard may face criminal charges once they return to Sri Lanka.  

During the OHCHR press briefing, Shamdasani had also stressed on the importance of considering each and every case in accordance with international law in order to ensure that refoulement and collective expulsions are strictly prohibited.

She had also expressed concern over the absence of any assurance to the Australian Government that the returnees will not face ill-treatment upon their return to Sri Lanka as well as the lack of a plan on the part of the Australian government to monitor their treatment.  

Furthermore, the OHCHR had welcomed the interim injunction issued by the High Court of Australia against the return of 153 other Sri Lankan asylum seekers.

“We hope the matter will be subject to a full judicial review in light of Australia’s obligations under international law, including the principle of non-refoulement under the 1951 Refugee Convention, the Convention against Torture, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child,” she has stated.

In a statement issued by Australian Immigration Minister Scott Morrison on Monday, it was confirmed that 41 Sri Lankans were intercepted by Australia's border patrol off the Cocos Islands in the Indian Ocean in late June. This is the first instance that Australian Prime Minister Tony Abbott’s government confirmed that it has screened asylum seekers at sea directly and turned them away. Midst this crisis, Morrison is due to visit Sri Lanka today. (Lakna Paranamanna)