Australia's Attorney-General says he believes an amendment to the Migration Act to allow offshore processing is appropriate.

Australia's immigration policy was cast into limbo after the High Court scuttled the Malaysia asylum seeker deal more than a week ago.

But the ABC understands Labor has a new border protection plan and Federal Cabinet and the caucus will consider the legislation as well as changes to the Migration Act on Monday morning.

Neither the office of the Immigration Minister nor the Attorney-General would comment on the content of the policy.

But Attorney-General Robert McClelland told ABC's News 24 the Migration Act could be amended to allow offshore processing.

"We believe an amendment is appropriate. Obviously the cabinet and caucus have to consider these issues but yes we believe that an amendment is desirable to put offshore processing beyond doubt, we think that should be done," he said.

Last week, the High Court found the Immigration Minister could not send asylum seekers to Malaysia, because Malaysia is not bound by international or domestic law to provide them protections.

Mr McClelland says an amendment could remove some of those considerations for the Immigration Minister.

"We believe an amendment can be crafted that essentially gives, if you like, a stronger discretion to the Minister to determine the appropriate destination for offshore processing," he said.

"That certainly could be done to narrow the range of factors that the minister had to consider before making his decision. So if there was an amendment to be made it's likely to be made in that form."

Lawyer David Manne, who was behind the High Court challenge to the so-called Malaysia solution, says talk of amending the law is disappointing.

"The Government and the Parliament should fully respect the ruling of the High Court instead of trying to come up with ways of circumventing that ruling," he said.

"And that means that the Government and the Parliament should get on with the job of playing by the rules that we singed up to under the Refugees Convention, which includes processing the claims of anyone coming here seeking protection, instead of searching around the region to find others to do the job that we signed up to under the Refugees Convention."

Ian Rintoul from the Refugee Action Coalition says any form of offshore processing is a violation of the human rights of asylum seekers.

"Well, I really think there's only one sensible decision that the Government can make, and that is to drop offshore processing of any variety," he said.

"Under the present arrangements, offshore processing is going to be about violating the asylum seekers rights, and undermining Australia's commitment to the refugee convention."

But even if the amendments are passed, Mr Manne says the Government should be ready for future legal challenges.

"Look as always, if we receive a distress call, a call for help from someone who has come to Australia seeking protection from brutality and that person fears that they're going to be expelled to a place where they may be harmed, we will have a look at their case and if they have a case to take to the court, I certainly couldn't rule out a future legal challenge," he said.

On Friday another boat was intercepted near Christmas Island with 72 passengers and two crew - the first to arrive since the High Court rejected the Malaysia solution.