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Post by admin on Aug 31, 2011 7:29:14 GMT 10
The fate of the federal government's controversial Malaysian refugee swap deal will be revealed by the High Court on Wednesday.
The court's full bench will rule on the policy's lawfulness at 2.15pm on Wednesday after a challenge brought on behalf of asylum seekers facing deportation.
Refugee lawyers want the deal struck down, arguing that Immigration Minister Chris Bowen does not have the power to send asylum seekers to a country that has no legal obligations to protect them.
They also argued that sending unaccompanied minors to Malaysia would breach Mr Bowen's duty of care as their legal guardian to act in their best interests.
But commonwealth Solicitor-General Stephen Gageler argued the government could lawfully declare Malaysia a safe third country even though it had no domestic or international legal obligations to protect asylum seekers.
The court issued an injunction against any deportations until its verdict was delivered.
The Department of Immigration and Citizenship says more than 330 detainees will be flown to Malaysia "as soon as practicable" if the court upholds the policy.
Under the deal, the government plans to send 800 asylum seekers to Malaysia in exchange for 4000 already processed refugees.
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