ABC net Sun 5.26pm AEST:
Federal Court
The captain of the Norwegian ship at the centre of the controversy is refusing to join a phone link-up to the Federal Court in Melbourne until he has spoken to his superiors.
Captain Arne Rinnan was yesterday ordered to testify at today's hearing on two applications made on behalf of the asylum seekers.
Repeated efforts by court officials to establish the line went unanswered today.
Justice Tony North said Captain Rinnan could be ordered to the court to Melbourne if necessary.
The Commonwealth Solicitor-General told the Court the asylum seekers and the ship they are on are free to go anywhere in the world - except Australia.
David Bennet was putting the Federal Government's opening arguments in the case.
Mr Bennet also argued allowing the people to land would enable them access to a whole series of rights and obligations to which they are not entitled.
He says suggestions they, or the ship, are being detained are wrong, because there is only one place in the world they cannot go.
Immigration Department secretary William Farmer said previous experience suggests up to 90 per cent of the Afghani refugees on the Tampa could be eligible for protection visas in Australia.
The hearing is continuing.