The government reopened the Nauru and Manus Island processing centres as part of its "no-advantage" policy designed to deter asylum seekers coming to Australia by boat.

Since August 13, when the policy came into effect, more than 16,000 people have made the journey by boat.

While the government will help asylum seekers detained on Nauru with their claims for protection under a memorandum of understanding with the island nation, it will not help people charged with crimes under Nauru's domestic laws while they are detained on Australia's behalf.

Concerns have been raised about the plight of 10 asylum seekers on Nauru charged with rioting and wilful damage in relation to an alleged riot at the Nauru processing centre in November.

The men are represented by pro-bono lawyers from Australia who took on their case after they were not able to access adequate legal representation on the island.

A group of non-government organisations, including the Human Rights Council of Australia, wrote to the department of immigration and citizenship and Attorney General Mark Dreyfus in March to raise concerns about the legal plight of the asylum seekers charged with rioting and wilful damage.

But in a response to the group, obtained by Fairfax, a DIAC officer has confirmed that asylum seekers will only be eligible for assistance in preparing their applications for refugee protection.

"The Department's view is that the provision of adequate legal representation in criminal proceedings in Nauru is a matter for the government of Nauru as a sovereign state," the officer wrote.

"You note that the provision of legal representation for those engaged in Nauru's criminal justice system would be consistent with the Australian government's actions of awarding a contract for claims assistance for transferees.

"Protection claims assistance which transferees can access is only being provided for the preparation of applications for refugee status determinations and merits review."

Mr Dreyfus wrote that: "the government of Nauru is a sovereign state, and the public funding for provision of adequate legal representation in criminal proceedings in Nauru is a matter for the government of Nauru."

A spokeswoman for the Nauruan government said, "the 10 men have legal representation, a Sydney-based barrister, Jay Williams."

Mr Williams is part of a legal team led by Julian Burnside QC and instructing solicitor George Newhouse acting on behalf of the men, who will plead not guilty to the charges.

Last week Mr Williams filed a habeas corpus application in Nauru's Supreme Court, and won the fight to have the riot and wilful damage charges adjourned until the question of habeas corpus is resolved.

The principle of habeas corpus – which translates to "thou shalt have the body" – is used to challenge the lawfulness of detention. The case will force Nauru's Secretary of Justice to prove that the Nauru 10's detention at the processing centre is legal under Nauruan laws.

The teams says if their case is successful it will have implications for about 400 other asylum seekers held at the detention centre.

The asylum seekers are detained under Nauru law. Under Nauru's constitution, people who are detained are entitled to consult their lawyer wherever they are being held.

In Nauru on Wednesday, Resident Magistrate Peter Law sought assurances from the Department of Immigration and Citizenship that the men would have access to ongoing legal representation.

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