Australian plan to exchange refugees barred by court

A PROPOSED transfer of asylum seekers to Malaysia by Australia has been ruled out by the Australian high court.

It decided by six votes to one to permanently ban the coalition government of prime minister Julia Gillard from returning 800 asylum seekers in exchange for Malaysia sending 4,000 registered refugees for resettlement.

The move was seen as an attempt to stem an influx of boat people from poor, war-torn countries. The court ruled Ms Gillard’s government could not assure the returnees’ legal rights would be protected.

The ruling cannot be appealed, but the government said it was considering its options. Government lawyers had argued in court that Australia could lawfully declare Malaysia a safe third country to process refugee claims even though it had no domestic or international legal obligations to protect refugees.

The court said Malaysia had not signed the UN Convention on Refugees and the deal with Australia did not legally bind Malaysia to recognise refugees in its own or international law.

Australia has long attracted asylum seekers from the Far East hoping to start a new life, with more than 6,200 arriving by boat last year alone.