The federal government maintains that sending asylum seekers to Malaysia is its preferred policy. Photo: Angela WylieTHE Malaysian government plans to deport 1000 Burmese being held in immigration detention back to Burma, after reaching a deal with the Burmese government for a ''swap'' of detainees.
The federal government maintains that sending asylum seekers to Malaysia is its preferred policy and the best deterrent to stop boat arrivals to Australia.
However, human rights groups in Malaysia have expressed alarm that Malaysia's latest swap deal breaches the United Nations Refugee Convention principle of ''non-refoulement'', or returning people to danger.
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 that despite statements by Home Affairs Minister Hishammuddin Hussein that refugees would not be deported, it was common for Burmese asylum seekers, who must work illegally, to be arrested.
Committee spokesman Simon Sanghre told The Age it often took months, and up to a year, for the UNHCR to get Burmese released from immigration 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.
Newly arrived Burmese who are yet to receive UNHCR papers are 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. We have to give information to the UNHCR and they visit the centres,'' Mr Sanghre said.
Mr Hishammuddin told Malaysian reporters he had informed the UNHCR that genuine refugees would not 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 about 87,000 registered Burmese refugees living in Malaysia.
A Department of Foreign Affairs spokeswoman said the Australian High Commission in Malaysia 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.
Ms Ismail said UNHCR had good access to asylum seekers in detention.
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