Australia's High Court Monday halted the controversial transfer of asylum seekers to Malaysia, preventing the government from sending its first group as planned. The decision puts Canberra's proposals to send up to 800 boatpeople to Malaysia on hold for at least two weeks until a further hearing by the full court can be held later this month.
"This case is about our clients arguing that their claims for refugee protection should be considered in Australia instead of being expelled to Malaysia," the lawyer leading the case, David Manne, told reporters. Manne said the court had found there was a "serious question" over whether the government had the power to expel those seeking safe haven in Australia, including children, to Malaysia. Immigration Minister Chris Bowen said he had expected the so-called "Malaysia Solution" to be challenged, but was determined to implement the plan to stem the flow of boatpeople making the perilous sea journey to Australia.
"The Australian government's commitment to implementing this arrangement remains rock solid," he told a press conference in Canberra, adding that the government could ask for the hearing to be held before August 22. "I'm confident that when the full bench considers the case, the injunction will be lifted, the transfer will occur, and the arrangement will be implemented." Canberra unveiled the new pact in May, promising that all new arrivals would be processed in another regional centre with the first 800 to go to Malaysia, despite its not being a signatory to the UN convention on refugees.
In exchange, Australia would resettle 4,000 of the more than 90,000 registered refugees already processed by Kuala Lumpur, many of whom are from Myanmar, with the first of this group expected to arrive this week. But rights groups have criticised the deal from the start, accusing Australia of not meeting its legal obligations to refugees and risking the health and safety of vulnerable people, including children.
Amnesty International immediately welcomed the delay of the deportations, saying it was "horrified" the government was attempting to make an example of desperate people, including unaccompanied minors. "Today's High Court decision vindicates Amnesty International's stance that the Malaysia deal is inhumane, inappropriate and potentially illegal under Australian and international law," spokesman Graham Thom said.
Two boats carrying a total of more than 100 asylum seekers, including children, have arrived in Australia since the deal came into effect and some of these have been on a hunger strike in protest since Friday. Australian governments have long grappled with how to handle boatpeople, detaining them in outback centres, on the tiny Pacific island nation of Nauru and on the remote Indian Ocean territory of Christmas Island.
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