16 September 2011
NTS Bulletin (Sep 2011 – Issue 2)
Abstract
The controversy surrounding the Australia-Malaysia refugee swap agreement that would have seen 800 asylum seekers sent to Malaysia in exchange for 4,000 processed refugees took a decisive turn on 31 August when the Australian High Court ruled the pact illegal. The Court essentially argued that, as Malaysia is not a signatory to the 1951 Refugee Convention, there are insufficient protections in place to ensure that asylum seekers sent to Malaysia would have their human rights respected as required by Australia’s obligations under international law.
Abstract
The controversy surrounding the Australia-Malaysia refugee swap agreement that would have seen 800 asylum seekers sent to Malaysia in exchange for 4,000 processed refugees took a decisive turn on 31 August when the Australian High Court ruled the pact illegal. The Court essentially argued that, as Malaysia is not a signatory to the 1951 Refugee Convention, there are insufficient protections in place to ensure that asylum seekers sent to Malaysia would have their human rights respected as required by Australia’s obligations under international law.
