Asylum seekers: High Court bars "Pacific Solution"

Following a challenge by the refugee lawyer David Manne, the High Court ruled the Malaysia plan invalid on the grounds that a third country to which asylum seekers were sent was legally bound to meet three criteria: being bound by international or domestic law

• to process asylum seekers seeking protection
• to protect those asylum seekers while being assessed
• to protect those given refugee status pending their resettlement elsewhere.

Malaysia is not a signatory to the United Nations convention on refugees and the Chief Justice Robert French said Mr Bowen's declaration that Malaysia was an appropriate place to send asylum seekers "was made without power and is invalid".

As the government grapples with the High Court decision, Labor's left faction held crisis talks by telephone and this morning, the factional convener, Stephen Jones, warned the executive against knee-jerk responses.

Doug Cameron says the government should rule out using Nauru or temporary protection visas.
"We can't go down a Pacific solution,"

More details: The High Court's judgment