RN Saturday Extra | 3 September 2011
The Prime Minster Julia Gillard says that the High Court 'has rewritten the Migration Act' in ruling against the government's Malaysia Solution. The PM was particularly critical of Chief Justice Robert French, saying that he had made different rulings on the same law in the past.
She was referring to the Federal Court ruling of 2001 which allowed the then Howard government to send 433 Afghan refugees who were on board the MV Tampa to Nauru for processing. It was a move largely recognised as being the genesis of the Pacific Solution. We look back at that Federal Court decision and explore why it differed from the High Court's ruling on the so-called Malaysian Solution.
Listen to story including interview with Ben Saul, Professor of International Law at the Sydney Centre for International Law
Story Researcher and Producer: Laura Bailey