find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Malaysian lawyers relieved at High Court ruling

Malaysian lawyers relieved at High Court ruling

The Malaysian Bar has welcomed the High Court of Australia's ruling that the Gillard Government's Malaysian asylum seeker deal is unlawful.Speaking to Lawyers Weekly shortly after the decision…

The Malaysian Bar has welcomed the High Court of Australia's ruling that the Gillard Government's Malaysian asylum seeker deal is unlawful.

Speaking to Lawyers Weekly shortly after the decision was handed down, Malaysian Bar president Lim Chee Wee said the organisation had long been highlighting the plight of asylum seekers in Malaysia.

"The Malaysian Bar, together with civil society bodies and the Malaysian National Human Rights Commission, have regularly highlighted to the Government of Malaysia the suffering of the almost 100,000 asylum seekers in Malaysia arising from the lack of legal and effective protection from indiscriminate prosecution as illegal immigrants, and the lack of basic rights of livelihood, healthcare and education," he said.

"That the High Court of Australia held that Malaysia's legal regime was inadequate must be a reminder to Malaysia of the importance of being a signatory to the Refugee Convention and its Protocol."

Lim said that as Malaysia today celebrates its 54th year of Independence, the decision is a "solemn reminder" that for Malaysia to take its rightful place in the international community, it must be a state party to international instruments and recognise and adopt international human rights standards.

He also said that whilst the Malaysia deal has been declared invalid, the Malaysian Bar hopes Australia will continue to co-operate with Malaysia in the resettlement of asylum seekers and persuade the Malaysian Government to improve its treatment of them.

The national president of the Australian Lawyers Alliance, Greg Barns, has also welcomed the decision, and says it sends a clear message that legislators and governments must be cognizant of Australia's international human rights obligations in relation to asylum seekers.

"The decision will bring welcome relief to many asylum seekers who have come to this country seeking a better life and freedom from persecution and fear for themselves and their families," he said.

"The decision also sends a clear message to government that the courts are the protectors of incursions on the rights of individuals by the executive, particularly when that incursion would result in the individual's safety and security being threatened."

Barns also said the decision means countries like Nauru and Papua New Guinea should not be considered as alternative processing centres for asylum seekers and has called on the Australian Government - having given hope to 4,000 asylum seekers in Malaysia that they would be transferred to Australia under the agreement - to meet those obligations and allow them to come to Australia immediately.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Malaysian lawyers relieved at High Court ruling
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...