Human rights / Arbitrary arrest and detention

this Court is of the view that the continued detention of the Applicants at the Belantik Immigration Detention Centre is a direct violation of their rights as a child pursuant to the Convention on the Rights of the Child and the Child Act 2001 which guarantees protection and assistance to be given to children in all circumstances without regard to race, colour, gender, language, religion or distinction of any kind; Based on these reasons, and with the powers vested upon the High Court, I accept the alternative prayer of the Applicants that they are allowed to be placed at a shelter which can protect and provide the necessary welfare to them.

September 2018 | Judicial Body: Malaysia: High Court of Malaya | Topic(s): Arbitrary arrest and detention - Children's rights - Habeas corpus | Countries: Malaysia - Myanmar

Advance unedited version

3 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Freedom of religion - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Denmark - Malaysia

24 May 2010 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Catholic - Christian - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Racial / Ethnic persecution - Religious discrimination - Religious persecution (including forced conversion) - Tamil | Countries: Australia - Malaysia

5 February 2010 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Sexual and reproductive rights - Social group persecution - State protection | Countries: Australia - Malaysia

17 August 2009 | Judicial Body: Australia: Federal Court | Topic(s): Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Hindu - Muslim - Racial / Ethnic persecution - Religious persecution (including forced conversion) - Social group persecution | Countries: Australia - Malaysia

26 May 2009 | Judicial Body: Australia: Federal Court | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Hindu - Persecution based on political opinion - Racial / Ethnic persecution - Religious persecution (including forced conversion) - Tamil | Countries: Australia - Malaysia