Fugitive Sirul Azhar Umar cannot be considered to have committed a political crime even if it was accepted that his assassination of Altantuya Shaariibuu in 2006 was instructed by the then Malaysian government, according to a decision by Administrative Appeals Tribunal of Australia deputy president Brian Rayment.

The definition was important for Sirul's appeal of asylum as a political crime would allow him to be considered for protection in Australia while a non-political crime would ultimately see his application rejected.

Rayment, in his decision, said the applicant had submitted that he was ordered to kill Altantuya on grounds that she was a "Russian spy".

"The uncorroborated evidence given by the applicant that orders were given to him to assassinate a Russian spy did not satisfy me that orders had been given to him in those terms, or that he was acting on any such basis," he said.

Citing case laws, Rayment also said that none of them suggested that a state-ordered assassination would amount to a political crime.

"Therefore if I had accepted that the applicant was given an order by the Malaysian government to kill the victim, I would not have been satisfied that the crime was other than non-political," he said.

As such, Rayment in his decision on Monday rejected Sirul's appeal for asylum.

Sirul was attached with the Malaysian police elite section, the Special Actions Unit.

Together with his colleague Azilah Hadri, they were accused of shooting Altantuya and blowing her up with military-grade explosives.

The duo served as bodyguards to then deputy prime minister Najib Abdul Razak.

The Malaysian Federal Court in 2015 overturned a Court of Appeal decision which cleared the duo, thus sentencing them to death by hanging.

However, Sirul who was free during the appeal process had fled to Australia where he sought asylum.

Despite the rejection of asylum for Sirul, he won't be deported to Malaysia until after Malaysia abolishes the death sentence or commutes his punishment as Australia has a policy against the death penalty.