High court rules Malaysia asylum seeker deal invalid

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It’s a blow for the federal government but a huge relief for asylum seekers who are celebrating today’s decision by the High Court that the deal to send them to Malaysia is unlawful. The Court ruled that the Minister cannot validly send asylum seekers to another country for processing unless that country is legally bound to meet three criteria – to provide access for asylum seekers to effective procedures for assessing their need for protection; to provide protection for asylum seekers pending determination of their refugee status; and to provide protection for persons given refugee status pending their voluntary return to their country of origin, or their resettlement in another country. The country must also meet certain human rights standards in providing that protection.

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