Malaysian solution: Judge complains government case is “half-baked”

8 Aug

In the High Court hearing on the Malaysian solution this afternoon, Justice Kenneth Hayne reprimanded the Commonwealth Solicitor-General for appearing before him with a”half-baked” case. Considering the government’s frequently expressed confidence that it has all the legal bases covered in the matter of its expulsion of asylum seekers to Malaysia, it’s remarkable that they should have irritated the judge so early in the piece. Perhaps they are not as on top of things as they would have us believe. As pretending to be on top of things while flying by the seat of its pants  is pretty much par for the course for the Gillard government, one ought not to be surprised at the “half-baked” comment. Nevertheless, I was surprised to hear they are already in disarray.

Justice Haynes extended the injunction that prevents expulsion of asylum seekers until arguments on the lawfulness of the government’s actions can be heard by the full bench.

One of the points that will be contested is that the agreement with Malaysia, in which that country has undertaken to provide certain protections for the 800 asylum seekers from Australia, is a political not legal agreement, and therefore unenforceable. This casts doubt on Immigration Minister Bowen’s declaration, in which he unequivocally states that Malaysia is a safe destination where human rights and protections will be observed. As Malaysia is not a signatory to any UN Conventions, asylum seekers will not have the protection of international law either.

I wonder what effect these shenanigans will have on Australia’s bid for a seat on the Security Council, so single-mindedly pursued by Foreign Minister Kevin Rudd? Helped by some $10.5 million in promotional funding over the next two years?

8 Responses to “Malaysian solution: Judge complains government case is “half-baked””

  1. gerard oosterman August 8, 2011 at 8:14 pm #

    This is good news, gladdens the hearts, and must at least give a relief to those that have only just arrived at Chrismas Island.
    I can’t begin to understand that Australia would ever consider sending unaccompanied children, arriving in Australian waters, away to Malaysia.
    When will an Australian politician of whatever persuasion, responsible for those bastard acts, be charged with a crime against humanity?


    • Jennifer Wilson August 9, 2011 at 7:20 am #

      Never, Gerard. Look at all the war criminal/politicians. Untouchable.


  2. paul walter August 8, 2011 at 9:38 pm #

    This is just the thought that has occurred to me as well. Was the government caught on the nap, or is something more sophisticated going on that we can’t quite see yet?
    The “half baked” report was cooked up while the AG was wasting his breath and the public’s time thugging Dave Hicks last week. Minister, what do you do?
    Yes, they must relent on the point Gerard makes and we should be looking for excuses to help, not hinder.
    Maybe they are waiting to see how severe the global economic problems get, to see how thepublic will react? Methinks a recession.


    • Jennifer Wilson August 9, 2011 at 7:21 am #

      I don’t know, Paul, I can’t think of one sophisticated thing this government’s done. Doesn’t seem to be their style. It’s all cobbled together.


  3. Steve at the Pub August 8, 2011 at 10:03 pm #

    Nah, the simple explanation is the one. The government was caught napping.

    Gerard, an Australian politician is unlikely to be charged with a crime against humanity unless they actually commit one.

    Sending people to Malaysia (a tourist destination & retirement destination) is not the same as sending them to the gulag. Everything was going to be laid on for them, financed by the Aussie taxpayer.

    Being as the Oz taxpayer is footing the bill, & the kids are without their parents, what difference does it make if they are without their parents on Christmas Island, or in M’sia?


  4. Marilyn August 9, 2011 at 3:14 pm #

    I think Steve you have been too long at the pub, the government have been successfully sued over human rights violations and had to pay tens of millions in compensation for it.

    Gerard was also talking about war criminals, Iraq ring any bells with you at all?

    David Marr is the only one reporting that the Judge didn’t buy the whole “people smuggling” mantra, time will test that it is not people smuggling and the government know it.

    Bowen was unprepared because he seems to believe that he can be a dictator and declare that hell is safe and not be questioned by anyone.

    He is wrong, as Frank Brennan states the rule of law does not look kindly on populist slogans.

    As Bowen discovered last year when the full bench told him the law applies on Christmas Island.

    The stupid man should have realised that if he cannot deport anyone from the mainland without due process he cannot deport them from Christmas Island without due process either because the court told him due process applies on the island.

    Honest to god they are like ignorant whiney babies.

    Now here is something to ponder as well folks.

    They whine that we have to do this to “stop the children drowning”,

    DIAC released figures in estimates last Friday – 156 kids have drowned on the way here in the last 10 years, 146 on SIEVX that no-one much cared about anyway.

    According to life saving Australia reports over 45 kids drown in Australia every year so between 450 and 500 kids have drowned in Australia in the last 10 years.

    According to UNICEF figures about 9 million kids under 5 starve or die of preventable disease every year – that is 90 million kids under 5 dying in the last 10 years while our pollies lie and pretend that they care so much about a few kids drowning that they have to forcibly remove them to a country they are not safe.

    Moronic cowards.


  5. Marilyn August 11, 2011 at 8:01 pm #

    According to DIAC records to 30 June 953 Afghans we were told were not refugees were granted refugee status this year.

    The cost of the stupid prisons is $772 million.

    The cost of community detention for 1500 people is $15 million including leases and furnishing of homes.

    Makes one wonder why DIAC are allowed to continue to be wrong so often in their work and cost taxpayers so much.

    The time taken over the last year is 316 days per case for 18 hours work, with 5,800 in detention that is $133,000 per person.

    IN the community it is $9700 per person.

    Hmm………and further stats show that all the money has been wasted just to deny 250 people refugee status.


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