Kirsty Needham
October 21, 2011THE Malaysian government plans to deport 1000 Burmese being held in immigration detention to Burma, after reaching a deal with the Burmese government for a swap of immigration detainees.
The federal government maintains sending asylum seekers to Malaysia is its preferred policy and the best deterrent to stop boat arrivals to Australia.
Human rights groups in Malaysia expressed alarm that Malaysia's swap deal breaches the United Nations Refugee Convention principle of ''non-refoulement'', or returning people to danger.
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The High Court's ban on sending asylum seekers to Malaysia was driven by the absence of legal safeguards in Malaysia against such returns.
The peak group for Burmese in Malaysia, the Chin Refugee Committee, said despite statements by the Home Affairs Minister, Hishammuddin Hussein, that refugees wouldn't be deported, it was common for Burmese asylum seekers, who must work illegally, to be arrested.
Committee spokesman Simon Sanghre said it often took months, and up to a year, for the UN High Commission for Refugees to secure the release of Burmese from detention. ''We are really, really concerned our people will get sent back to the country. They risked their lives to get here,'' Mr Sanghre said.
He said newly-arrived Burmese, who were yet to receive UNHCR papers, were at particular risk. ''It's easy to be arrested. Whenever raids occur, 100 per cent sure they will be arrested and sent to detention centres,'' he said.
Mr Hishammuddin said he had informed the UNHCR genuine refugees won't be deported ''but at the same time do not use refugee status as an excuse to dump so many people who are not eligible in our country''. There are 87,000 registered Burmese refugees living in Malaysia.
A Department of Foreign Affairs spokeswoman said the Australian High Commission was ''following the issue closely''. ''We note Malaysian Home Affairs Minister Hishammuddin has given public assurances that none of the Burmese to be returned are refugees or asylum seekers. We also note UNHCR is in regular dialogue with the Malaysian Government,'' she said.
UNHCR Malaysia spokeswoman Yante Ismail said the refugee agency encouraged all governments, including Malaysia, to protect asylum seekers.
''This means that individuals who may be subject to arrest, detention and deportation for immigration offences have the opportunity to seek asylum and to have their claims considered,'' she said. Ms Ismail said UNHCR had good access to asylum seekers in detention.
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