Lawyers have won an emergency court order allowing them to access a Christmas Island compound that is home to 12 asylum seekers, who the government claims are dangerous.
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Solicitors are currently on Christmas Island gathering evidence for a class action on behalf of a 6-year-old being brought against the federal government that could affect thousands of asylum seekers.
The lawyers have been there since Monday night, and were invited to inspect White compound, but the Department of Immigration and Border Protection (DIBP) had refused to let them enter the area, home to 12 asylum seekers, arguing it could constitute a security risk.
The Commonwealth's lawyer, Richard Stanley, told the court the solicitors could be in physical danger if they entered the compound. "DIBP members aren't allowed to go in there because of the perceived danger," he said.
However, Justice Stephen Kaye said while he did not doubt these were Mr Stanley's instructions from the department, "it really does sound very contrived".
Previously, the government had claimed the lawyers should not be able to access the compound over concerns for the privacy of the men detained there.
In July last year, authorities prevented a paediatrician from examining children detained on Christmas Island to gather evidence for the case, after previously approving her visit.
Maurice Blackburn is suing the government on behalf of a girl who was just 6 years old when the class action was launched last year.
Lawyers representing the girl say she has been traumatised by her detention. They say she developed physical and mental health issues, suffered from post-traumatic stress disorder, and developed bed-wetting and stammering after being detained for more than a year and separated from her mother in that time. The girl and her parents have since been released from Christmas Island, and the government moved children off the island in December.
As well as the girl, the class action would also cover all asylum seekers who had been injured or pregnant on Christmas Island over the past three years, a figure that could run into the thousands.
The case is being brought against DIBP and the Immigration Minister. Maurice Blackburn argues that both failed in their duty of care against asylum seekers detained on the island. At the time the case was launched, the Immigration Minister was Scott Morrison. It is now Peter Dutton.
Matthew Albert, a lawyer for Maurice Blackburn, told a hastily-convened hearing at the Supreme Court of Appeal in Melbourne that a previous court order allowing solicitors' access to the Christmas Island compounds had expressly ordered DIBP staff to give three hours' notice if they felt the security situation would prevent the lawyers entering the facilities. No such notice had been given.
Last month Maurice Blackburn won a court order freezing the planned demolition of Christmas Island detention facilities, which its lawyers argued could contain evidence in their class action against the government.
Justice Kaye ordered that the solicitors be allowed to take photographs and video in the compound before 11am on Saturday.
