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English language tests were being used as a trade barrier to restrict temporary workers coming into Australia, the opposition immigration spokesman, Scott Morrison, said yesterday.

Australia’s newest mainland detention centre is over capacity by more than 200 asylum-seekers.

But the Immigration Department has denied claims from inside the facility that detainees are going hungry.

Afghan asylum seekers who failed in their bids to remain in Australia should not be returned to their home country where they risked death, a leading expert said Wednesday.

A boat carrying 37 asylum seekers has been intercepted north of Ashmore Island.

The group is being transferred to Christmas Island for processing.

Prime Minister Julia Gillard's proposal for a refugee processing centre in East Timor has effectively been ruled out as an option until after an agreement on a regional framework for addressing people smuggling can be reached.

The number of Afghans seeking asylum in Australia has plummeted since the introduction of measures to deter would-be Afghan refugees, who made up almost 50 per cent of illegal boat arrivals in the past two years.

East Timor remains open to discussing Australia's plan for a regional refugee processing centre to be built on its territory but would like to delay the negotiations.

The Christmas Island detention centre will soon be closed to new arrivals as the Immigration Department continues to ship asylum-seekers to already overflowing mainland centres.