Court declines to halt Malaysia's plan to return Myanmar refugees as Bar Council seeks review
A Malaysian judge ruled that the Bar Council's attempt to stop the government's deportation of around 5,000 Myanmar refugees was dismissed, though the council may still renew its application for judicial review.
In Kuala Lumpur, Justice Norliza Othman dismissed the Bar Council's bid to obtain an injunction against the government's plan to send back about 5,000 Myanmar refugees, among them Rohingya and UNHCR-registered children. The court clarified that this dismissal does not prevent the Bar Council from renewing its application for a judicial review, which will be considered at a later hearing. The council contended that deportation would likely subject the refugees to persecution, discrimination and other dangers, violating international non-refoulement obligations and the best-interest principle for children.
Government counsel argued the request was premature, citing a recent appellate decision that a stay can only be considered after permission for judicial review is granted. Representatives of the Bar Council and senior counsel for the Attorney General attended, along with amicus curiae from the Human Rights Commission.
Why it matters
The ruling affects the legal avenues available to challenge the mass deportation of vulnerable Myanmar refugees in Malaysia.
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