Australian court rules against refugee swap deal with Malaysia

[News_Editor]

Australian court rules against refugee swap deal with Malaysia

2011-09-01 00:19:57 GMT+7 (ICT)

SYDNEY (BNO NEWS) -- Australia's High Court on Wednesday ruled that the government's proposed refugee swap deal with Malaysia is unlawful, the Sydney Morning Herald reported.

Chief Justice Robert French said the court ordered Immigration Minister Chris Bowen and his department to restrain from sending asylum seekers to Malaysia. Under the agreement called the Malaysia Solution which was signed last month, the government had planned to send 800 asylum seekers to Malaysia in exchange for 4,000 already processed refugees.

Refugee lawyers argued successfully that the Immigration Minister did not have the power to send asylum seekers to a country which has no legal obligations to protect them. Earlier this month, 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.

The court found that a country must be bound by international or domestic law to provide protection for asylum seekers to be an appropriate destination. "The court also held that the minister has no other power under the Migration Act to remove from Australia asylum seekers whose claims for protection have not been determined," the court said in a majority 6-1 judgement, according to the newspaper.

Immigration Minister Bowen said the decision was a significant setback to the government's efforts to break the people smugglers' business model. "Let's make no bones about it - today's decision by the High Court is a profoundly disappointing one. Disappointing for the government, disappointing for me," he said.

On Christmas Island in the Indian Ocean northwest of Australia, asylum seekers danced, cheered and clapped when they heard of the ruling. "They were so happy to hear that they will be processed in Australia," Union of Christmas Island Workers general secretary Kaye Bernard said.

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 believed 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.

-- © BNO News All rights reserved 2011-09-01