31 Aug '11, 5am

High Court in Australia scuttles Malaysia refugee swap deal

The High Court in Australia has ruled against the Federal Government’s refugee swap deal with Malaysia, throwing into doubt the future of the scheme. The deal was put on hold following a challenge from two asylum seekers who were scheduled to be among the first to be transferred to Malaysia from Christmas Island. Lawyers for the pair argued Australia could be in breach of its international obligations because it could not guarantee the rights of those sent to Malaysia. A majority of the Full Bench ruled Immigration Minister Chris Bowen’s declaration that Malaysia was an appropriate country to which to send aslyum seekers was invalid. 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 remov...

Full article: http://teresakok.com/2011/08/31/high-court-in-australia-s...

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