In an interview with ABC's Insiders program, host Fran Kelly put to Senator Abetz that the transfer of 200 Tamil asylum seekers into the custody of the Sri Lankan Navy was a matter of public interest, and that the government’s lack of transparency aroused concern. She then asked "since when does our government disappear people?"

“We don’t disappear people,” Mr Abetz replied. “What I think every Australian will know and understand is that our professional people in the Australian Navy, in the Australian Border Protection force, treat everybody with due care and respect and according to international obligations.”

Former Liberal Prime Minister Malcolm Fraser commented on twitter this week that: “Handing A[sylum] S[eekers] back to S[ri] L[anka] redolent of handing Jews to Nazis in 1930s.”

Senator Abetz declined to comment on Mr Fraser's observation.

The asylum seekers, understood to be from two separate boats, were intercepted in the Indian Ocean by an Australian Customs vessel. It is believed their asylum claims are being assessed by phone, with officials asking four questions to assess their claims.

Fairfax Media, Human Rights Watch and the Human Rights Law Centre have all documented cases of returned asylum seekers being tortured by Sri Lankan authorities.

The United Nations High Commissioner for Human Rights holds “profound concerns” over Australia’s treatment of the asylum seekers, suggesting the transfer to Sri Lankan custody may breach Australia’s obligations under the refugee convention.

Mr Abetz said it was government policy not to comment on operational matters.

“I have every confidence that we will be treating these people and are treating these people according to our international obligations and there is one thing every Australian can have confidence in, that our Border Protection people will treat these people with the respect that they deserve under international law.”