Earlier this year the Australian Government had struck a deal with Malaysia to exchange 800 asylum seekers in exchange for 4000 already processed refugees. This was in an effort to break the people smugglers ‘business model’. Mr Bowen, Minister for Immigration, and his department was set to send the first group of asylum seekers to Malaysia in early August. The group of asylum seekers chosen to be sent included children and there was great fear for the safety of the minors. Refugee lawyers took the case to the High Court (Plaintiff M70/2011 v. Minister for Immigration and Citizenship and Plaintiff M106 of 2011 by his litigation guardian, plaintiff M70/2011 v. Minister for Immigration and Citizenship (2011) HCA 32) in a bid to strike down the
