01:16

Border Force commissioner Michael Outram has responded to Guardian Australia’s report earlier today of legal action that could block the government from evicting cruise ships from Australian waters.

APT Touring has brought the federal court lawsuit over a ship it operates, the Caledonian Sky, which is currently moored in Darwin, but if it succeeds it could knock out a determination issued by health minister Greg Hunt on 27 March that ordered all foreign cruise vessels to leave Australian waters as soon as possible.

Asked by Guardian Australia’s Malcom Farr if he was aware of the lawsuit, Outram said the ABF was “working through that”.

“But let me make clear the government’s policy intent here is that all cruise ships that are in Australian waters that are not flagged or registered in Australia are to depart Australian waters and we’re working to achieve that outcome.”

Asked whether the case could have wider implications, he said that “every ship’s individual”.

“But what I would I say is this: all of the ships we’re focused [on] here are either registered in or flagged in another country.”

He said he had considered applications by cruise operators who wanted to keep their ships in Australian waters – and rejected them all.

When the determination was made there were 20 cruise ships in Australian waters.

“Thirteen of those 20 have left, or are in the process of leaving today, Australian ports and seas,” he said.

“And by Thursday we expect a further four to have departed.”

He said this removed about 13,500 workers from Australian waters, who, if they had become sick, would have been “a big strain on the Australian health system”.