60 refugees on Manus Island and Nauru fail character test

More than 60 refugees have failed ­character assessments because of violent crimes and links to terrorism planning.

Attorney-General Christian Porter has said that a flaw in the medivac laws meant that the ­current law that allowed for medical transfer patients to be sent back after their treatment was no longer available to the government.

More than 60 refugees and ­asylum-seekers on Nauru and Manus Island have failed ­character assessments because of cases including violent crimes and links to ­terrorism planning, since the ­Department of Home Affairs began detailed screenings last week in response to the passage of the medivac bill.

In one case that authorities have described as extraordinary, a 34-year-old man and an ­accomplice who had come by boat in 2013 had been secretly channelling funds of more than $1 million from Nauru to communities in Australia.

It is understood that the ­transfer of money to Rohingya and Bangladeshi people in Australia was detected.

Other cases included suspicion of planning terrorist attacks, allegations of drug smuggling, rape, assaults and links to foreign ­military or rebel groups.

The Australian has confirmed that preliminary detailed character assessments of the 1000 transitory people still on the islands began when the medivac bill was passed last week by Labor, the Greens and the crossbench led by Kerryn Phelps despite protests by the government that it would dismantle offshore processing.

The government would not confirm how many assessments had so far been completed but The Australian has learned that 60 had already failed the ­character test under section 501 of the Migration Act, which ­provides discretion to the minister to ­refuse entry of anyone into Australia.

The government argues that the medivac laws have narrowed the definition of section 501 and would allow people who would otherwise be refused entry on character grounds to be brought to Australia on the say-so of ­doctors.

Attorney-General Christian Porter has said that a flaw in the medivac laws meant that the ­current law that allowed for medical transfer patients to be sent back after their treatment was no longer available to the government.

Mr Porter said the legal advice to government suggested that once transferred to Australia for medical assessment they would be able to stay, with the Australian government powerless to ­remove them.

“In effect, the bad drafting of these laws means it is a one-way ticket,” he told the ABC.

“The only way it may be fixed eventually is through legislation. And it is quite likely that would have to apply retrospectively ­because we are facing hundreds of people’s arrival in the very near future.”

But opposition legal affairs spokesman Mark Dreyfus argued Labor’s medivac bill was “very specific” on labelling medical transfers of refugees as ­“temporary”.

“We don’t think there is a problem … This is just desperation from a government that’s given up on governing,” Mr Dreyfus told ABC radio.

“The bill that passed is very specific about temporary transfers. And it’s very hard on a legal basis to see how we have a problem here.

“The thing he (Mr Porter) is screaming about is already happening. Of the 900 people they’ve brought here, only one has been sent back to Manus and Nauru.”

Home Affairs Minister Peter Dutton yesterday continued to say criminals would be ­allowed here under the medivac arrangements. Labor has rejected the claims and maintains the minister of the day would have broad discretion to refuse medical transfer of criminals.

Assessments of the 1000 ­people on Nauru and Manus ­Island had not been carried out before because there was no prospect of them being settled in Australia.

Authorities have been forced to begin assessments with the possibility hundreds could be transferred to Australia.

A series of cases released by the government include several related to sexual assaults of ­minors, alleged murder, extremist behaviour and terrorist planning.

They include people found to be refugees and those who had been refused refugee status.