The government is looking at using "unusual powers" to close what it says is a loophole that would prevent asylum seekers transferred to Australia for medical treatment from being sent back to Manus Island and Nauru.
Attorney-General Christian Porter has blamed poor drafting of medical evacuation laws passed last week against the government's will for the loophole.
"There is no lawful authority for the government to return medical transferees once they come to Australia and they're detained on Christmas Island," Mr Porter told reporters on Thursday.
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However, Labor maintains nothing has changed.
Labor's immigration spokesperson Shayne Neumann said the new laws had not changed the returns system.
AAP
"If a person is transferred to Australia for temporary medical treatment, we will return them to Manus or Nauru once doctors advise they have completed medical treatment," he said in a statement.
"This is a desperate distraction from a government trying anything to hide from its scandals and from bowing down to the big banks."
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AAP