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Aussie High Court rules against 'M'sia Solution'

Posted: 27 Jun 2012 10:37 PM PDT

"I must say it was one of the most questionable and curious High Court decisions in memory. Without the Malaysia arrangement what we have is an improvised, cobbled-together Indonesia arrangement that the Indonesians don't want."

These are immediate response by Senator Carr and others after the Court rejected the 'Malaysian arrangement' for the influx of refugees who are taking advantage of Australia's friendly-and-open-door foreign policy.

There were tears in the House of Senate. Most of the members felt dejected while some tried to seek another outlet to solve the refugees never-ending story.

The comments were part of an emotionally charged debate in the Senate today, where politicians will vote on the asylum seeker Bill that looks set to fail. Greens Senator Sarah Hanson-Young broke down and cried as she spoke about the plight of detainees, while senior Gillard Government frontbencher Chris Evans revealed the legislation challenged some of his 'philosophical' positions.


The Bill revives the Gillard Government's scuttled Malaysia people-swap deal and would allow for offshore processing on Nauru - the opposition's preferred option.

Senator Evans said he was the person who, after Labor was elected in 2007, closed the detention centre on Nauru, and who ended the controversial temporary protection visas.

Senator Hanson-Young cried as she told the story of a 15-year-old Afghan orphan called Hussein, whose sister sacrificed everything she owned so he could have a better life in Australia.

Hussein was one of 500 people locked up on Christmas Island waiting to find out if he was going to be sent back to Malaysia before the High Court quashed the arrangement last year. "Now he is living with a family in Australia, learning English at school and will make "a fine Australian".

Senator Carr says the controversial deal is the best way to achieve both safer borders and the humane treatment of asylum seekers.

"The Malaysian arrangement simply makes sense," he told reporters in Canberra on Wednesday.

"It's indispensable."

The Labor government needs coalition support to pass a bill that would restore offshore processing and the controversial Malaysia deal.

But the coalition is firmly opposed to the Malaysia deal, arguing any country selected for offshore processing must be a signatory to the UN refugee convention, which would allow its preferred option of Nauru.

The government has offered fresh talks aimed at finding a bipartisan compromise but Opposition Leader Tony Abbott is refusing to negotiate.

Read UNHCR statement on the Malaysia-Australia deal

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