Almost three weeks have passed since Sirul Azhar Umar was arrested in Australia by the country's Immigration and Border Control Department.

However, he has yet to be produced in a magistrate's court there.

This was confirmed by the former police commando’s lawyer Kamarul Hisham Kamaruddin today.

"There is no such procedure to begin with against Sirul unless pursuant to formal extradition request or an immigration offence. There is neither," he told Malaysiakini .

Asked if he knew whether the Malaysian government had formally submitted an extradition request, Kamarul ( left ) said he could not confirm this.

However, the lawyer said a formal request can only be made if the Australian government agrees or consents under the treaty with Malaysia.

"Australia is opposed to the death penalty," he emphasised.

Sirul has been sentenced to death for the murder of Mongolian national Altantuya Shaariibuu and Australian law forbids deporting a person who is facing the death penalty in his or her home country.

The 44-year-old former corporal was arrested by the Australian immigration on Jan 21 in Brisbane and is currently being held at that Villawood detention facility in Sydney.

Sirul along with another ex-police commando Azilah Hadri were convicted last month of murdering Altantuya in October 2006.

Last week, Inspector-General of Police Khalid Abu Bakar admitted that Malaysia was faced with "a long legal process" to extradite Sirul.

The Sydney Morning Herald had previously quoted law professor Ben Saul as saying that Sirul's case is like others who are in legal limbo where the Australian law does not allow him to be extradited due to the death sentence and he cannot be set free because of the murder conviction.

Saul also revealed that there are 55 cases of indefinite detention without charge

For example, Dragan Vasiljkovic, a Serbian war criminal, has been fighting against extradition for nine years.

Meanwhile, Kamarul’s partner Hasnal Rezua Merican told Malaysiakini that they are in the process of hiring Australian lawyers for Sirul and are working on the necessary papers for this purpose.