Majlis Peguam mohon tangguh hantar pulang 5,000 pelarian, pencari suaka Myanmar

The Malaysian Bar Council has petitioned the Malaysian Supreme Court to challenge the government's plan to repatriate approximately 5,000 Rohingya refugees and asylum-seekers from Myanmar. The Bar Council also requests that the repatriation be halted until the court decides on their petition. The Attorney General opposes both the Bar Council's requests, for it could render their application for the court hearing invalid, as repatriating individuals back to Myanmar cannot be undone.

In the application for the court hearing filed on September 28, the Bar Council states that those facing repatriation include Rohingya and refugees recognized by the United Nations High Commissioner for Refugees (UNHCR) as refugees or asylum-seekers. They argue that those repatriated may face discrimination, abuse or other harm, and that Malaysia is bound by the international non-refoulement principle, which prohibits repatriating individuals to a country where they face harm.

The Bar Council also claims that repatriating children contravenes the principle under the Convention on the Rights of the Child, read together with the Children Act 2001, including the best interests of the child. However, the immediate application before the court is more limited – to maintain the status quo while the court decides whether to grant leave for the judicial review.

Bar Council attorney M Ramachelvam argues that the balance of convenience favours the suspension, as any harm caused by the repatriation cannot be undone. However, Bar Council Counsel for the Government, Nurhafizza Azizan, argues that the application for suspension is premature. Citing recent Supreme Court judgments, he argues that the court can only consider the suspension application after the leave for the judicial review is granted.

Since the leave has not yet been granted in this case, he says, the Supreme Court does not have a basis to consider the suspension application at this stage. Norliza will announce her decision on October 22.