Australian High Court suspends government's plan to transfer asylum seekers to Malaysia

[News_Editor]

Australian High Court suspends government's plan to transfer asylum seekers to Malaysia

2011-08-09 09:31:22 GMT+7 (ICT)

SYDNEY (BNO NEWS) -- The Australian High Court extended an injunction on Monday banning the transfer of asylum seekers to Malaysia, Australian media reported on Tuesday.

Under the agreement called the Malaysia Solution which was signed last month, Australia would send 800 asylum seekers to Malaysia over the next four years. In exchange, Australia would take 4,000 refugees who have already been processed in Malaysia.

However, on Monday night, High Court Justice Kenneth Hayne issued an injunction forbidding the removal of the asylum seekers to Malaysia until at least August 22 because he found serious questions related to the deportation of unaccompanied minors, human rights and a lack of legal protection in Malaysia for asylum seekers.

He also slammed the government's legal team saying their efforts were "half baked" with documents supplied late and out of order, Australia's The Telegraph reported.

According to the court's injunction, any new asylum seekers who arrive in the next two weeks will stay on Christmas Island pending a hearing by the full bench of the High Court later this month.

But Immigration Minister Chris Bowen and Commonwealth Solicitor-General Stephen Gaegler SC asked for an earlier hearing date, saying any delay would send signals to other countries where people smugglers could look to benefit from Australia's asylum seeker policy.

Bowen said the government would respect the court's decision by not sending any asylum seekers to Malaysia before the next hearing but he confirmed the government's intention to win the case and eventually deport the asylum seekers.

The first planeload of 16 asylum seekers was due to have left Australia on Monday morning but was cancelled at the last moment due to a temporary injunction granted on Sunday night.

The first of the 4,000 refugees from Malaysia are scheduled to arrive this week and Bowen said their transfers would continue as planned.

Australia currently has more than 6,000 asylum seekers in detention originating from countries including Iran, Iraq, Vietnam, Sri Lanka and Afghanistan. The Malaysia plan would deal with only a small proportion of those arriving in Australia by sea, but the government believes it would send a tough message to people smugglers and potential migrants.

The United Nations has previously criticized Australia for holding all asylum seekers in detention centers while their applications are assessed. According to the UN, Australia's immigration center on Christmas Island currently houses nearly 3,000 asylum-seekers.

-- © BNO News All rights reserved 2011-08-09

[chooka]

This is putting up the big NEON Sign Saying come over the doors are open free for all. The Australian Government can no longer stop you moving in.

[kilvingtono]

Juliar has noboy but herself to blame. Should have kept to the Howard policy.

[Wallaby]

Juliar has noboy but herself to blame. Should have kept to the Howard policy.

Yes indeed. It is just pig headedness that is stopping her. Can't go using the opposition's plan after criticising it all those years.

Just bite the bullet and go back to the Howard plan. Then no one can sook about it.

[chooka]

Juliar has noboy but herself to blame. Should have kept to the Howard policy.

Yes indeed. It is just pig headedness that is stopping her. Can't go using the opposition's plan after criticising it all those years.

Just bite the bullet and go back to the Howard plan. Then no one can sook about it.

Better still stop them comming in all together. Look at the problems caused by these people in Holland, France, England and Denmark to name just a few. They will not intergrate into society and will be a burden on the health and social security services for life not to mention the unrest if they don't get thier way. Australia will not learn from the european countries who have huge problems now. Just simply say NO, you will not be processed but immeadiately deported straight back to where you came. No if no buts cut and dried.

[Dag]

4000 for 800.....thats a bargain innit ??

[Colin Yai]

Juliar has noboy but herself to blame. Should have kept to the Howard policy.

Yes indeed. It is just pig headedness that is stopping her. Can't go using the opposition's plan after criticising it all those years.

Just bite the bullet and go back to the Howard plan. Then no one can sook about it.

Better still stop them comming in all together. Look at the problems caused by these people in Holland, France, England and Denmark to name just a few. They will not intergrate into society and will be a burden on the health and social security services for life not to mention the unrest if they don't get thier way. Australia will not learn from the european countries who have huge problems now. Just simply say NO, you will not be processed but immeadiately deported straight back to where you came. No if no buts cut and dried.

Yeah Chooka a great Idea,but unfortunately due to left wing Political correctness and the bleeding hearts brigade, Australia is going to have major problems in the next decade or so ,that is unless they adopt your policy of just saying NO, IMHO they are not asylum seekers anyway but economic migrants . Edited August 9, 2011 by Colin Yai

[Scott]

An off-topic post and reply have been deleted. Please stick to the topic.

[softgeorge]

Juliar has noboy but herself to blame. Should have kept to the Howard policy.

Yes indeed. It is just pig headedness that is stopping her. Can't go using the opposition's plan after criticising it all those years.

Just bite the bullet and go back to the Howard plan. Then no one can sook about it.

Better still stop them comming in all together. Look at the problems caused by these people in Holland, France, England and Denmark to name just a few. They will not intergrate into society and will be a burden on the health and social security services for life not to mention the unrest if they don't get thier way. Australia will not learn from the european countries who have huge problems now. Just simply say NO, you will not be processed but immeadiately deported straight back to where you came. No if no buts cut and dried.

Yeah Chooka a great Idea,but unfortunately due to left wing Political correctness and the bleeding hearts brigade, Australia is going to have major problems in the next decade or so ,that is unless they adopt your policy of just saying NO, IMHO they are not asylum seekers anyway but economic migrants .

I agree 100% What we are witnessing in England will be occuring in Australia if something serious is not done.