KUALA LUMPUR: Malaysia will respect the decision of the Australian High Court to block the country's plans to send asylum seekers here.
Home Minister Datuk Seri Hishammuddin Hussein said via Tweeter yesterday: "Malaysia's relations with Australia (are) excellent. Joint efforts to fight human traffickers will continue. There are many approaches (we can take)."
He said this in response to news reports, which stated that the Australian High Court's full bench handed down its decision that the Australian government's policy of sending asylum seekers to Malaysia was unlawful.
The reports quoted Chief Justice Robert French as saying the court ordered Immigration Minister Chris Bowen and his department to be restrained from sending asylum seekers to Malaysia.
"The declaration was made without power and is invalid," French said.
The Australian government, however, is expected to still be bound under the deal to accept 4,000 refugees from Malaysia, while being unable to send 800 asylum seekers here for processing.
Wednesday's ruling effectively makes permanent an injunction granted about three weeks ago to 41 asylum seekers who had appealed against their forced transfer to Kuala Lumpur from Christmas Island, The Australian newspaper said.
They were to be the first group of asylum seekers to be moved to Malaysia after the government's formal signing in July of the deal to send 800 boat people to Malaysia, in return for 4,000 confirmed refugees.
The High Court also found that unaccompanied asylum seekers under the age of 18 could not be lawfully taken from Australia without the minister's written consent.
Home Ministry secretary-general Tan Sri Mahmood Adam said the Australian government had not officially informed Malaysia about the court decision.
"The decision was made by the court and the Australian government might lodge an appeal. The refugee swap is a government-to-government agreement and it stands."
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