The leader of the Australian opposition, Toby Abbott, today said he would not support any attempt by the government to change the law and allow immigrants to be deported to Malaysia, in the latest blow to the prime minister’s refugee-swap plan.

He instead urged the government to reopen an old offshore refugee processing facility in the Pacific island nation of Nauru.

The High Court last week ruled that the deportation of 800 mostly Middle Eastern asylum seekers to Malaysia was illegal, as Kuala Lumpur does not have adequate regulation for their protection.

Prime Minister Julia Gillard would need the support of Abbott’s Liberal Party to change the law to allow the deportations.

Her minority government usually relies on help from the Greens to legislate, but that party has refused to support any move that would see asylum seekers processed offshore.

Abbott urged Gillard to drop the policy.

“I would respectfully say to the prime minister: do not persist with Malaysia,” Abbott told reporters. “Malaysia is now definitely not doable under the High Court’s decision.”

Abbott urged Gillard instead to reopen the processing centre in Nauru that Australia built, and which was closed in 2004.

Unlike Malaysia, Nauru is a signatory to the 1951 Refugee Convention and its government is ready to pass domestic laws that would give legal protection to asylum seekers deported from

Australia.

“It’s really up to her whether she is prepared to swallow her pride, stop this stubborn insistence on anywhere but Nauru, accept that (former prime minister) John Howard got it essentially right and do what we have to do to protect our borders,” he said.

Gillard had trumpeted the deal with Malaysia as a sure-fire way of deterring mostly Middle Eastern migrants buying passages on Indonesian fishing boats to get to Australia and claim asylum.

Still obliged to take 4,000 Burmese refugees

Under the deal with Malaysia, announced April 7 and signed July 25, Australia agreed to take 4,000 UN-recognised refugees from Malaysia in return for the asylum seekers it sends over.

But even if it does not send anyone the other way, Australia is still obliged to take in the refugees, mostly originally from Burma, over the next four years.

Gillard has not said whether she will try and amend the Migration Act to skirt the High Court ruling.

Ninety-nine boats of migrants have landed since Gillard took power 15 months ago, promising to halt their arrival. There are currently 5,236 asylum seekers in detention in Australia.

- dpa