On January 28, 2015 the High Court ruled that the detention of asylum seekers at sea in what is known as the "contiguous zone" is authorised by the Maritime Powers Act 2013.  157 passengers were on board an Indian flagged vessel.  One of them claimed false imprisonment.  The High Court rejected this.  The vessel had been intercepted by an Australian border protection ship in the Indian Ocean within Australia's contiguous zone.  The vessel was detained, and once it became unseaworthy the passengers were transferred to the Australian vessel. 

The Australian vessel traveled to India but the passengers were not permitted to disembark and were later transported to the Australian Territory of the Cocos (Keeling) Islands.  Despite the passengers' claim of false imprisonment, the High Court held by a majority that the detention was legal and was not subject to an obligation to afford the plaintiff procedural fairness, nor was it affected by the fact that the detention was at the request of the Australian government without independent consideration of whether the detention should have taken place, nor that there was no arrangement between Australia and India concerning return of the passengers to India. 

 To read the High Court case summary click here.