High Court scuttles Julia Gillard’s Malaysia solution for asylum seekers



THE Gillard Government’s immigration solution is in tatters, with the High Court scuttling plans to send 800 asylum seekers to Malaysia.


In a major upset for the Government, the full bench of the high court has this afternoon found the plan to be legally flawed.

“Today the High Court held invalid the Minister for Immigration and Citizenship’s declaration of Malaysia as a country to which asylum seekers who entered Australia at Christmas Island can be taken for processing of their asylum claims,” a statement said.

“After an expedited hearing before the Full Bench, the Court by majority made permanent the injunctions that had been granted earlier and restrained the Minister from taking to Malaysia two asylum seekers who arrived at Christmas Island, as part of a larger group, less than four weeks ago.”

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The plan has been stalled since August 7, when human rights lawyer David Manne took the matter to the nation’s top court.

Lawyers for asylum seekers caught up in the plan have argued that the deal is not lawful because Malaysia is not a signatory to the UN refugee convention and will not provide enough human rights protections.

Under the plan, the Gillard Government wanted to send 800 asylum seekers to Malaysia in exchange for 4000 genuine refugees.

The Government has always claimed to be on strong legal grounds with the plan.

However, Chief Justice Robert French said today: “The declaration made … was made without power and is invalid.”

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