The lawyers argue that lengthy detention without asylum claims being processed is arbitrary and therefore unlawful under Nauru's constitution.

Mr Burnside said the delay was caused by Australia's ''no advantage'' law under which asylum seekers who arrive by boat must not be better off than refugees who come through official channels.

According to the court documents, lodged last week at the Nauruan Supreme Court, the men were flown to the detention centre and given a document that said it would take ''several months'' for the Australian and Nauruan governments to develop a process to assess refugee claims.

Mr Newhouse said he was contacted by an asylum seeker who was in a desperate situation, saying his claims were yet to be processed and he was being held in appalling conditions with no hope of release.

Only three weeks ago the Nauruan government was thrown into chaos after its only magistrate, Peter Law, an Australian citizen, was deported by the Nauruan president after he issued two injunctions restraining the government from deporting two residents without giving them any reason or right to challenge the action.