High Court Stops Malaysia Refugee Swap
The High Court today handed down its judgment on the Federal Government's arrangement to send asylum seekers to Malaysia.
Amnesty International has welcomed as 'a landmark victory for human rights' the High Court decision stopping the Malaysia refugee swap. The human rights organisation has consistently warned the Australian Government that Malaysia is a dangerous destination for asylum seekers and that sending vulnerable people there would violate Australia's obligations under international law.
"Amnesty International is delighted that the High Court has prevented this outrageous, politically-motivated scheme from going ahead," said Amnesty International refugee spokesman Dr Graham Thom.
"Malaysia is clearly not a safe destination for refugees and asylum seekers. The Government should never even have contemplated outsourcing Australia's refugee protection obligations to a country which regularly canes, detains and abuses asylum seekers, and which refuses to sign the UN Refugee Convention."
Allens Arthur Robinson (Allens), an international law firm with offices throughout Australia and Asia, acted pro bono for the applicant asylum seekers.
Partner Malcolm Stephens, who led the Allens team, said the case involved some difficult legal issues concerning the interpretation of the Migration Act 1958 (Cth).
'A team of our lawyers has worked intensively on this case over recent weeks, alongside an outstanding group of barristers and the Refugee and Immigration Legal Centre,' Mr Stephens said.
'While we are still reviewing the decision, the immediate implications appear to be that our clients will, in accordance with the Migration Act, be provided with protections enshrined in the United Nations Refugee Convention.