The Abbott government’s boat turnback policy has been dealt a blow as an interim High Court injunction prevents the return of 153 asylum seekers to Sri Lankan authorities over concerns about their safety.

Amid reports that 41 Tamils from another boat of asylum seekers were facing criminal charges following their handover to Sri Lankan police, lawyer George Newhouse says the 153 asylum seekers are "entitled to have their claims for protection processed in accordance with Australian law".

"The (immigration) minister cannot simply intercept their vessel in the middle of the night and 'disappear' them". Credit:Alex Ellinghausen

"The (immigration) minister cannot simply intercept their vessel in the middle of the night and ‘disappear’ them,’’ Mr Newhouse told AAP on Monday night.

A late sitting of the High Court in Sydney on Monday barred the return of the 153 asylum seekers, 48 of whom are Tamil, until 4pm Tuesday or further order of the court.