The Gillard government backs down on boatpeople pledge as Malaysia deal is signed
By Ben Packham, The Australian
The government had pledged to process all asylum-seekers arriving after May 7 in a third country.
But Malaysia refused to make the agreement retrospective and a hoped-for deal with Papua New Guinea has stalled.
A total of 568 asylum-seekers have arrived by boat since May 7.
The Prime Minister said asylum-seekers sent to Malaysia would be treated humanely and would not be sent back to the country from which they had fled.
“The arrangement reaffirms Malaysia’s commitment that transferees will be treated with dignity and respect in accordance with human rights standards,” she said in a statement.
All refugees sent to Malaysia under the agreement will face pre-transfer fitness tests and biometric identity checks.
They will considered “lawful” in Malaysia and moved into the community after initial accommodation in a Malaysian transit centre.
Malaysia will have complete control over the asylum-seekers they accept onto their soil. Anyone “not provided consent” will be ineligible to be transferred.
Asylum-seekers found not to be refugees will be returned to their country of origin at Australia’s cost.
Asylum-seekers sent to Malaysia will receive no preferential treatment over other asylum-seekers in Australia in terms of processing or resettlement.
In a statement today the UNHCR said it was not a signatory to the agreement but “it appreciates that both governments have consulted with the office”.
The UNHCR said it would have preferred Australia to deal with its own asylum-seeker arrivals.
“UNHCR’s preference has always been an arrangement which would enable all asylum-seekers arriving by boat into Australian territory to be processed in Australia. This would be consistent with general practice,” it said.
It said the “critical test” would be in the agreement’s implementation, particularly its protection and vulnerability assessment procedures.
Ms Gillard confirmed the government would back down on its initial commitment that all new arrivals after May 7 would be processed in a third country.
“Under the arrangement signed today, those who arrived in Australia before 25 July will not be transferred to Malaysia.
“Consequently, the people who arrived prior to today’s announcement, currently being detained on Christmas Island, will now be processed in Australia,” she said.
MALAYSIA DEAL OPERATIONAL GUIDELINES
