Australia asylum seeker deal scuppered

A High Court challenge to Australia’s new detention policy has lead to authorities being unable to deport asylum-seekers to Malaysia.

Lawyers for a group refugees claimed that their transfer to Malaysia would be illegal.

Judges saw merit in their claims and ruled there was a "sufficiently serious question" to be examined.

The Government was set to transfer 16 people this morning but they instead will wait on Christmas Island for at least two weeks when the Full Bench of the High Court will consider the matter.

According to Sydney’s Daily Telegraph, “the Government could find itself drawn into a complex and embarrassing legal battle over whether Malaysia could guarantee the human rights of transferees would be looked after.”

Human rights lawyer David Manne lodged the claim with the High Court. “The Australian Government is prohibited from expelling our clients to Malaysia pending the outcome of this case," he said.

"This case is about our clients arguing that their claims for refugee protection should be continued in Australia instead of being expelled to Malaysia."

Amnesty International welcomed the High Court's decision, saying it thought that the Malaysia deal was inhumane, inappropriate and potentially illegal.

According to the BBC, the ruling could jeopardize Australia's deal to send 800 asylum seekers to Malaysia over the next four years.

Under the deal, Australia would take 4,000 refugees who have already been processed in Malaysia.

Currently has more than 6,000 asylum seekers held in detention centers while their applications are assessed, a practice criticized by the U.N.