David Marr
The Sydney Morning Herald
September 1, 2011
Opinion
‘A devastating blow for the government’
It’s about fairness. For a long time the High Court has ticked off on the remarkable difficulties Australia puts in the way of asylum seekers who come here by boat. Even mandatory detention for life has been given the nod by the court. But lately the judges have ruled boat people must at least be dealt with fairly while they are caught up in the system.
Yesterday’s emphatic six to one decision extended that principle to those men, women and children Australia had wanted to send away to Malaysia. The court could find no guarantee they would be dealt with fairly once they arrived there. So the minister Chris Bowen’s choice of Malaysia as a safe haven was declared invalid.
It was not enough, said the Chief Justice Robert French, for the minister to have a “hope or belief or expectation” that the asylum seekers would be dealt with properly by Malaysia. They needed laws to protect them now and in the years ahead. “It is an agreed fact,” French observed, “that Malaysia does not recognise the status of refugees in domestic law”. Continue reading “Humane decision as Malaysian plan springs a leak”