Australian refugee policy faces court challenge

A government plan to swap refugees with Malaysia will be challenged in Australia's highest court on the grounds that it will cause a family separation. Australia wants to send 800 asylum seekers to Malaysia in return for Australia resettling 4,000 registered refugees living in Malaysian camps.

The court challenge surrounds a recognized Kurdish refugee who has been in the country for over a year. His wife and 4-year-old son arrived after May 7^th, after the cut-off date in the proposed deal to send refugees to Malaysia. Almost 300 asylum seekers who have arrived since that date are also in limbo.

The deal has been highly criticized in Australia, since Malaysia has not signed the U.N. Convention on Refugees and has been accused of maltreating refugees.

The Australian government has said Malaysia has guaranteed the refugees sent there will be treated well, but Immigration Minister Chris Bowen told local radio the government could not guarantee family unity since it would encourage people smugglers.

``We can't enable people smugglers to say, 'Look, if you have family members already in Australia, you'll be right. I can get you to Australia,''' Bowen said.

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