Australia says it stands on solid legal ground when it made a deal to send asylum seekers to Malaysia.
MELBOURNE: The Australian government insists it is on solid legal ground with its controversial asylum-seeker deal with Malaysia, despite a senior United Nations official’s comments to the contrary.
The Australian Associated Press (AAP) reported that the United Nations High Commissioner for Human Rights Navi Pillay told a forum in Sydney yesterday the deal – which has not yet been finalised – appeared to violate international refugee law.
“It cannot send individuals to a country that has not ratified the torture convention and the convention on refugees,” she was quoted as saying.
But Australia’s Department of Immigration and Citizenship (DIAC) secretary Andrew Metcalfe said his advice from Australia’s top lawyers was different.
“With respect, I would disagree with some of the comments she’s made,” he told a Senate estimates committee in Canberra today.
“We are confident in the legal position we have. I’m not aware of the basis for the high commissioner’s comments.
“I understand she has not been well-briefed in relation to Australia’s plans.”
Pillay today met with Immigration Minister Chris Bowen for what a government spokesman described as a “constructive and positive” discussion.
Pillay is also meeting with Prime Minister Julia Gillard and a range of other senior government ministers during her stay in Canberra, the AAP report said.
Her visit came as it emerged Canberra was so confident its Malaysian agreement would succeed that it had budgeted for a dramatic dip in the number of new boat arrivals next financial year.
The government estimates just 750 new boat people will enter Australia’s detention system in 2011/12 – even though the 2010/11 total has already exceeded 4,000.
Metcalfe stressed the estimate – which does not include up to 800 asylum seekers who may actually be sent to Malaysia – was not based on solid intelligence.
“That is purely… a figure that has been identified for financial planning purposes,” AAP quoted him as saying.
“And it is exactly the same number of people who arrived in 2002 following major policy changes by the then government.”
-Bernama
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