Peter Dutton claims asylum seekers and refugees on Manus Island and Nauru are refusing resettlement offers in the United States because of the medevac legislation, claiming 250 applications for medical transfer were currently being reviewed by “activist” doctors.

Despite conceding last week the US was “unlikely” to resettle 1,250 refugees under the deal Malcolm Turnbull struck with the then US president, Barack Obama, and begrudgingly held to by Donald Trump, Dutton said the medevac legislation had upended the process and claimed asylum seekers and refugees were still holding out for Australia.

Further ramping up the political attack he began last week, as the government seeks crossbench support to repeal the medevac legislation the parliament passed against its will in February, Dutton repeated his claim the system was at risk of being abused.

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“With 250 cases now being considered by doctors under the medevac laws, this is a very dangerous period for Labor to go soft on borders yet again,” he said at a press conference in Brisbane.

“The doctors in many cases [are] two advocates. If you look at the people who brought the recent federal court case, they were advocates for many years.

“So two medical practitioners, two doctors from Nimbin, can bring a case under the medevac bill to the government. This is not initiated by the government, the law requires for that person to come here even if they have a conviction of less than 12 months for a criminal offence, for an example, and if they are of bad character. And if they come here, receive the medical attention under Labor’s law, there is then no ability for the person to go back.

“So let’s be serious about what the people-smugglers are hearing and what the people in Manus and Nauru are hearing, because I am getting people now who won’t engage in the US process.

“People can go to the United States and they are refusing to go there, because they believe they can come to Australia under Labor’s medevac law.

“So Labor is completely and utterly undermining our capacity to deal with the people they put on Manus and Nauru.”

Dutton had previously said 531 had been accepted under the terms of the US deal, with another 295 applications “in the pipelines”. The US had rejected more than 300 applications so far.

Before the medevac legislation was in place, Senate estimates was told 898 refugees and asylum seekers had been sent to Australia for medical treatment.

Of that number, just 282 had been returned to Manus Island and Nauru, the majority of which were returned before 2015. As with existing processes, the medevac legislation contains provisions for patients to be returned to the offshore processing centres at the conclusion of their treatment.

Dutton has repeatedly warned that the medevac legislation would lead to an increase in people-smugglers’ boats to Australia, which has not occurred.

He used the recent federal court ruling to allow doctors to make transfer decisions based on a patient’s chart, and not an individual consultation, as further evidence the legislation was “watering down” border security.

That was despite nothing else, including the minister’s ability to reject a transfer application on broad national security grounds, changing. Refugees and asylum seekers brought to the mainland for treatment remain under guard and are escorted to any medical appointments by security.

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The ruling was made after the decision of the Nauruan government to ban telehealth conferencing for residents. The minister maintains the power to reject any application under a broad definition of “national security”.

Those rejected under health grounds have that decision reviewed by an independent panel of doctors chosen by the government. As reported on Friday, of the nine cases the minister has refused, the panel has reversed just two of those decisions.

But Dutton has continued to claim the legislation risked an influx of people-smuggler boats returning to Australian waters and boat turnbacks remain policy.

“This is a very dangerous time,” he said on Sunday. “As we know, Labor didn’t get into power, but the boats were already on water, waiting to arrive into the open arms of a Shorten government. So we know that the people-smugglers are hearing messages from Labor loud and clear that they are weak on border protection.”

A boat intercepted from Sri Lanka in May was interpreted by Dutton as a “test” of Australia’s border policies after the election, despite the attempt coming shortly after the deadly Easter bombing attacks.