LAURA TINGLE, PRESENTER: The fate of hundreds of people left on Nauru and Manus Island remains the unresolved and ugliest aspect of Australia's tough border protection policies.

Even Home Affairs Minister Peter Dutton has said, "We need to get people off there as quickly as possible."

But, the hard-line position of not allowing Asylum Seekers, who arrive by boat to come to Australia, creates ongoing dilemmas.

A Federal Court action today sought to resolve the fate of two more families and revealed a surprising figure taking on their cause.

Geoffrey Watson, the Sydney barrister who led a succession of historic inquiries into senior New South Wales politicians at the state's anti-corruption commission.

I spoke to him, at his chambers earlier today.

Geoffrey Watson, you're probably best known to most Australians as the grand inquisitor at ICAC.

When and how did you get involved in the cases of these people on Nauru?

GEOFFREY WATSON, SC: Around about 12 months ago I was asked to get involved by people at the National Justice Project.

They seek, Pro Bono or free time from lawyers and it's part of a scheme and I was pleased to get involved.

Quite frankly, being the most fulfilling work I have done in my legal life.

We go to the Federal Court. The courts have been wonderful. They've been sitting on urgent cases, 6.00 at night.

We go up, make urgent applications seeking to get orders compelling Mr Dutton, the minister, to bring the injured people here and they're nearly all children.

LAURA TINGLE: What happens when those orders are sent to Nauru?

GEOFFREY WATSON: Well, of course, the Federal Court's got jurisdiction over Australian officials, including ministers, but it has no jurisdiction whatsoever to control or order anybody in Nauru or the

government of Nauru to do anything.

LAURA TINGLE: Is the Nauru Government happy for people to come to Australia?

GEOFFREY WATSON: Things have changed.

LAURA TINGLE: So, what's changed?

GEOFFREY WATSON: Things have changed very dramatically in the past few months, since so far there have now been instances, specific instances where courts have made orders applying to the Australian officials which have then been passed on to Nauru and Nauru has frustrated those.

It's either disobeyed them or ignored them.

LAURA TINGLE: And they're making this work by just not allowing their ambulances to land, is that right?

GEOFFREY WATSON: That's one of the reasons. The other thing is this – that you need an exit permit from Nauru.

Even those people who are capable of getting on the two commercial flights which run each week, they

need an exit permit to get off that island.

If Nauru doesn't issue it, they're stuck there.

LAURA TINGLE: What's going on there in Nauru? Why do you think the Nauruan Government is stopping these people coming?

GEOFFREY WATSON: I'm very anxious about speculating on why they might do it but there is a problem here.

We entered into — we call it – the devil's bargain – Nauru is not a very rich country.

It needs our help and support.

Perhaps one of the ways that they perceive that we've given that is that Nauru is paid in the order of $3,000 per month for every one of these refugees who is kept there.

The fact that the refugees are there has created an employment market which otherwise wouldn't exist.

It's brought money spending to Nauru which otherwise wouldn't be on Nauru.

I'm sorry, I just cannot see any motive apart from the fact that the Nauruan Government sees this as a means of making money.

LAURA TINGLE: If that's the case, is there a risk that Australia is actually losing control over this policy and how it's implemented?

GEOFFREY WATSON: Australia has effectively conceded control of the offshore processing scheme to Nauru.

It can't control it.

Australia can't order the Nauruan Government to do anything and the Federal Court of Australia certainly can't order the Nauruan Government to do anything.

We've lost control. What I really want to speak to you about is the possibility of resuming control, regaining control.

LAURA TINGLE: How do we do that?

GEOFFREY WATSON: It's simple. These people on Nauru, there are now only a few hundred left, around about 90 of those are children.

I'd say, of those 90 children, there are many who themselves have manifested psychological problems.

It's serious.

The reason why they are there and the whole of the offshore processing scheme was the result of federal legislation.

Nobody ever questioned that we had the power to legislate in that way.

In fact, the courts have ruled that there was such a power.

The Federal Government has got the same power to modify that scheme and allow the appropriate people to come back.

I'm only asking for this. That the Government – I'm really talking about the Prime Minister, Mr Morrison – and I'm really talking about Mr Shorten as well, I'm asking them to give urgent consideration to whether they modify that scheme, at least to bring the children here.

LAURA TINGLE: So, what have the circumstances been of the people who've been affected by this?

GEOFFREY WATSON: Well, the cases are just harrowing. It's a really appalling circumstance. I've had cases involving teenagers who have had multiple suicide attempts. We've tried to get them off after one or two attempts and only got them off after the third.

They're brought to Australia, quite often, they have to be evacuated with an air ambulance, they cannot come on commercial flights, they are so ill.

They're teenagers who have stopped eating. That's bad. But they've stopped drinking, and that's really bad.

Your organs just crash down after only days if you stop taking fluids.

It's very distressing. There have been the most appalling instances.

One rarely sees pre-teens who have suicidal thoughts.

It's very rare. They are happening.

LAURA TINGLE: Questions have been raised even in the Parliament about whether people are sometimes bunging on psychological problems?

GEOFFREY WATSON: Well, I've got to tell you, every single person that I've appeared for and the only people with whom we deal have already been accepted as refugees.

Generally speaking, the people have had harrowing experiences in their own life before they've ever attempted to come to Australia.

The conditions in which they live are very similar to those which one might see in a prison.

They're suffering from a thing now recognised by authorities as resignation syndrome, which is where when their spirit has been crushed, their hope has been taken away by the length of the stay.

And in fact, that it appears to be terminable.

There has not been one of these cases Laura, where we haven't had independent verification from high-level

experts, quite often the cases have been verified by the doctors who have been qualified to investigate the matter on behalf of the Commonwealth. There have been no fabricated cases.