Amnesty International demands explanation from the federal government regarding its plan with 100 plus asylum seekers who have arrived since it announced its new refugee policy.

The government announced a deal with Malaysia which proposed swapping – 800 asylum seekers in return for Australia accepting 4,000 refugees.

Since the government made the deal known to the public, three boats carrying 106 asylum seekers have arrived. Authorities thought the move would discourage people smugglers.

Because the Malaysia deal is not yet finalized, those who are seeking asylum onboard will be processed overseas, but it will not say where and when.

Amnesty International’s Graham Thom conveys the latest asylum seekers are trapped in legal indeterminate state.

Thom said the uncertainty will be psychologically damaging because "We're talking about very vulnerable people."

"To keep them in a situation of limbo when the prospect looms of sending them to a country like Malaysia where they could be forcibly returned - we're about to see some really desperate people detained in situations that is going to damage them," Thom added.

According to opposition customs spokesman Michael Keenan, the Government's plan is a farce.

"If boats continue to arrive at the rate they've arrived this week then that 800 quota will be filled within two months. This is hardly a long term or lasting solution to our ongoing border protection disaster," Keenan said.

Meanwhile, the government has already moved 383 children out of immigration detention into community detention.

It could be recalled that last year, the Government promised that most children and families will be moved out of detention by the end of June this year.

More than 35 per cent of children in detention are now living in the community and it is on track to meet the target.