Australian High Court delays transfer of asylum seekers

The transfer of the first 16 male asylum seekers due to be sent to Kuala Lumpur under Australia's swap deal with Malaysia has been delayed by the Australian High Court.

The High Court prevented the Australian government from transferring asylum-seekers to Malaysia on Monday morning, until the Court can determine how to implement the agreement lawfully and with respect to the rights of the asylum-seekers.

Refugee advocates argue that Malaysia, which has not signed the UN refugee convention, has a record of mistreating asylum-seekers and refugees. Refugee lawyer David Manne says his clients are "distressed and fearful" about facing persecution in Malaysia and want to remain in Australia.

Mr Manne said the main question for the High Court is whether Malaysia is the best country for people to be sent to. Particularly when the Government is considering sending unaccompanied children there.

Amnesty International's refugee spokesman Graham Thom says, "This deal is not punishing people smugglers, it is punishing children. The minister as their legal guardian is supposed to act in the best interest of unaccompanied children, not send them to face serious abuse in the slums of Kuala Lumpur."

Australian Immigration Minister Chris Bowen says the Government is prepared for protests and legal challenges but remains determined to see all the asylum-seekers sent to Malaysia, despite the High Court delaying the transfer.

Mr Bowen said he believed the Government was on “very strong legal grounds” with the policy and hoped that the delay would not give people smugglers time to distort the truth and tell asylum-seekers that they will not be sent to Malaysia.

"One of our arguments to the High Court is that people smugglers will spin this and lie about this and say this is some sort of green light. It's not," he said.

“Stopping people smugglers from selling the journey to Australia on leaky boats like the one which smashed against the rocks at Christmas Island last December remains important. I'm confident that when the High Court considers the case, the transfer will occur and the arrangement will be implemented.” He said.

A decision will be made by the Australian High Court in the next few weeks.