KUALA LUMPUR: The High Court has dismissed the Malaysian Bar's application to temporarily halt the repatriation of about 5,000 Myanmar refugees and asylum seekers, ruling that a stay cannot be granted before leave for a judicial review is given.
Justice Norliza Othman said the dismissal was ordered without prejudice to the Bar's right to renew its application after the court decides whether to grant leave for judicial review.
The leave application has been fixed for hearing on Dec 8.
The Bar is seeking permission to challenge the government's plan to repatriate about 5,000 Myanmar nationals, including Rohingya and children recognised by the United Nations High Commissioner for Refugees as refugees or asylum seekers.
It argues that their return to Myanmar could expose them to persecution, discrimination and other harm, and that repatriation could render the judicial review meaningless because the consequences might be irreversible.
The Bar also contends that Malaysia is bound by the customary international law principle of non-refoulement, which prohibits returning people to a country where they face persecution.
It further argues that the return of children would be inconsistent with the principle of acting in their best interests.
Lawyer M Ramachelvam, representing the Bar, submitted that the balance of convenience favoured a stay.
Senior federal counsel Nurhafizza Azizan, appearing for the attorney-general, argued that the application was premature, citing a recent Court of Appeal ruling that a stay could only be considered after leave for judicial review had been granted.
Collin Arvind Andrew, Moganasundari Mahalingam, Ameerul Radzi Azlan and Shahlini Sree Kumar also appeared for the Bar.
Marcus Lee and Samantha Koh appeared on behalf of Suhakam as amicus curiae, or a friend of the court.