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The Federal Court has seized on the use of English language tests by immigration authorities as potentially unfair.

People smugglers have attempted to take 85 Sri Lankan asylum seekers on a long voyage from Indonesia to New Zealand, and possibly Canada, in a sign the Gillard government's message that Australia has shut its door to boat arrivals is taking hold.

The Gillard government is breaching international law by refusing to process more than 400 asylum seekers who are being held in detention on Christmas Island until they can be sent to a third country, the United Nations refugee agency has warned.

Federal police have charged two more men over the Villawood detention centre riots and fires that destroyed nine buildings, bringing to 30 the number of asylum seekers facing criminal charges.

A government plan to swap refugees with Malaysia will be challenged in Australia's highest court on the grounds that it will permanently separate a Kurdish refugee from his wife and 4-year-old son, a lawyer said Friday.

Unscrupulous swindlers are taking advantage of the 'enormous excitement' generated by the Australia-Malaysia refugee swap deal to sell false guarantees of resettlement places in Australia, warns a senior UN official.

AUSTRALIA'S migrant intake is set to become more "English" and less Asian because of a language test.

Immigration Minister Chris Bowen has signalled a possible expansion of the so-called Malaysian solution for asylum seekers, despite fierce criticism from within his own party.