Australia's High Court has blocked the Government's controversial refugee swap deal with Malaysia for two weeks pending a full-bench hearing of an appeal by asylum seekers who were to have been flown from detention on Christmas Island yesterday morning.
Justice Ken Hayne extended an interim injunction because of doubts about Malaysia's ability to uphold the asylum seekers' human rights, and because the country is not a signatory to the United Nations refugee convention. The last-minute injunction to prevent any departures yesterday was granted on Sunday afternoon.
Despite Government claims that it has the power to make the agreement, Hayne said there were "serious questions to be asked and answered" about the deal and that the injunction would be extended to allow the full bench to consider the legality of the policy in a special sitting.
The decision is a major blow to the Government, whose continued failure to find a solution to the continuing arrival of boats from Indonesia is one of the most inflammatory of a cluster of thorns piercing Prime Minister Julia Gillard's fragile minority Administration.
Gillard said the option of a new facility in Papua New Guinea remained open. She turned to PNG after earlier proposals for one in East Timor collapsed.