Authority: High Court of Australia

Date: 08/31/2011

Subject: The High Court of Australia has deemed illegal the bilateral agreement of 7 May 2011, subscribed by Australia and Malaysia, in the matter of immigration, which provided the transfer of 800 irregular immigrants from Australia to Malaysia in order to examine the claims for asylum in exchange for the reception on the Australian territory (over a period of 4 years) of 4000 immigrants already recognized as refugees. According to the Court, the Malaysian legal system does not offer adequate guarantees for the protection of refugees and claimants for asylum from the risk of persecution and refoulement

Parties: Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106 of 2011 v Minister for Immigration and Citizenship

Original language: English

Classification: Freedoms - Art. 18 Right to asylum - Art. 19 Expulsion - Extradition - Removal

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