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(generated from captions) was arrested in Serbia last

week after 7 years on the run.

deal to swap leekers with Let's Let's go back to the

Malaysia. Sarah Hanson Young is the immigration spokesperson

for the Greens and joins now

from gra. Good morning. Good morning. The Australian

Government has given assurances

that the asylum seekers won't

be mistreated, what more do you

want? As the agreement lays

out, there's definitely

reference to special type of

treatment that may be able to

be given to asylum seekers that

we return to Malaysia. But of

course the devil is in the

detail and there is much still

yet to be worked out under this

agreement despite the fact that

it's been signed and delivered

and we've got the Immigration

Minister saying it's all OK,

we've got guarantees. We know

that at the end of the day it

will be the domestic laws in

Malaysia that prevail and we

know that it is already the

track record of how Malaysia

treats asylum seekers is

precarious at the best of times

and torturous at others. So

it's a very, very concerning

that Australia will be

expelling vulnerable people,

including unaccompanied minors,

to Malaysia without really

finalising what the detail and

how we will guarantee their

protection s. This agreement

doesn't set out guarantees,

says at the end of the day the it's not legally binding. It

default position will be the

domestic laws in each country

and we know without changes to

those domestic laws 94,000

other asylum seekers daily face

mistreatment, face precarious

situations, social

disadvantage. Who are we to

believe simply based on the

words of assurances from our

Prime Minister that these 800

people that we send to Malaysia

will be treated any

differently. The agreement

itself really doesn't stack up

against what has been promised. The Prime Minister

has indeed assured Australians

that those asylum seekers won't

be arrested, they won't be

caned, they'll have access to

work and education so what it

comes down to, senator, is you not trusting what the Prime

Minister says here? Well how

can we trust the Australian

Prime Minister to say what will

happen in Malaysia? It's not up

to the Australian Government.

It's not even up to the UN HCR

and it's interesting to see

that the UN HCR have not signed

on to this agreement. They will

be involved in the assessment s

of people's calls for

protection and to find out

whether they are Iran - indeed

in need of protection. But it's

not up to the UN HCR to ensure

people are protected. That's

the role of the host country

and when we have Malaysia who

has such an appalling track

record on how they treat

vulnerable people, a fingers crossed approach that's been

put forward under this

agreement promoment moment

moted by the Prime Minister and the Immigration Minister

doesn't stack up. One of the

parts in the agreement that is

silent is how vulnerable asylum

seeker children will be

treated, particularly

unaccompanied minors. The

agreement says it's still yet

to be worked ousmt what have

they been negotiating for the

last 3 months if not to iron

out how the most vulnerable of

asylum seekers who come to

Australia, children, that we

will now be expel ing to a

country that has an appalling

human rights record, we haven't

even got that detail sorted.

It's a little scant on the

assurances. The other - the

flipside of the agreement is

those 4,000 genuine refugees

about to come our way. Surely

that's an outcome the Greens

are happy? Of course we should

be increasing our humanitarian

intake and one of the best

ways, if the Government is

serious about this mantra of

smashing the people smuggling

model, well you put the people

smugglers out of business by

ensuring you give people safe

pathways rather than having to

be in desperate - in

desperation to engage a people

smuggler and board a boat.

Increasing the number of people

we take who have already been

assessed is a good thing. But

why does it come at the cost of

trading the lives of 800

others? If we know we can increase our humanitarian

intake why aren't we simply

doing that? We should be doing

it from places like Ma -

Malaysia as well as Indonesia

and taking the pressure off those people who have already

been assessed. Many people who

arrive in our camps and

continue today to be detained

for months and months and in

some cases up to 2 years had

already been assessed by the UN

HCR in countries like Malaysia and Indonesia but because of

the process, because of the

lack of safety that they have

in those countries,

particularly in Malaysia, they

took their chances with a

people smuggling boat and put

their family at risk on those

high seas. Not because it was

an easy option, but because it

was the only one they felt they

had. As we understand it this

deal doesn't have to be ticked

off by the Australian

Parliament so what can the

Greens do to take your concerns

further up and as you would

like to see happen stop this

deal being proceeded by your

minor for government partner. I

think it's really concerning

that the Government, and it

goes to the heart of how

about this arrangement if confident are the Government

they're not prepared to put it

to the Parliament and the

Parliament has already said

through both Howeses here in

Canberra that they condemn this

process, that they condemn the

idea of expelling vulnerable

people yet the Government's

steam rolled ahead, signed the

agreement without these

assurances particularly around

children and now they don't

want to put it to the

Parliament for final approval.

Well that really says that this

agreement doesn't even have the

confidence of the Government

themselves unless they are

prepared to put it. We will continue to push the

Government. We will continue to

try and work with them but

Government who is simply unfortunately when you have a

following suit down the same

pathway that John Howard took

after the 'Tampa' the to

introduce the Pacific solution,

this is the Pacific solution by

a new name and unfortunately

that lack of leadership that's

been shown by Julia Gillard on

this issue really is putting

the lives of vulnerable people

at risk. The obligations that

Australia has under the

convention it's tearing them up

virtually and we are, as a

result, in the eyes ofts rest

of the world countries are

shaking their head and thinking

how on earth can Australia be

talking about upholding human

rights and talking about

fairness when they can't even

stick by an agreement that

they've signed. Sarah