Tampa

This paper attempts to explore the judgements and issues arising from the Tampa affair that took place in September 2001. The Government’s decision to deny entry of the MV Tampa into Australian territory raised several debated concerns both nationally and internationally. Despite the Government’s constant re-iteration of the concept of the protection of national sovereignty, these constitutional issues argued in the Federal Court, primarily concerned the legality of the steps the government took in dealing with the situation. The two main issues in dispute were: what is the scope of the executive’s power to exclude, expel, and detain ‘aliens’? And if so, has such power been abrogated by legislation? In looking at the role of prerogatives and analysing the Federal Court’s decision, we will be able to answer these questions, and establish why there was a division amongst the court on these issues.

In response to a request by the Australian Coast Guard, a Norwegian carr...