The Gillard Government's Malaysian solution1 September 2011
Professor Mary Crock says the Gillard Government's 'Malaysian Solution' is, in practical terms, dead in the water.
Speaking to ABC Radio Current Affairs' PM Program, says there may be some wiggle room for the Government to pursue a similar agreement, but she thinks in practical terms, it would be extremely difficult.
"It doesn't make it impossible if you have a country that in fact is a party to the Refugee Convention and does in fact comply with basic tenets of refugee law and human rights law.
"Now our problem in this particular region is that we're almost unique in terms of the countries that surround us here because most of them are not party to the Refugee Convention and are neither party to, nor are they particularly observant of many of the UN's human rights conventions and treaties.
"The interesting question I think is not so much what happens after the Malaysian solution but if the Opposition now turns around and says well pick up the phone to Nauru; Nauru has signed the Refugee Convention but it's not a country that can comply with any of the elements that are set out in section 198a of the Migration Act in my view."
View the transcript - Refugee law experts say High Court decision will have significant impact - ABC Radio Current Affairs PM
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