High Court puts Malaysia deal on hold

HIGH Court judge has halted today's first scheduled transfer of asylum seekers from Christmas Island to Malaysia under the Gillard government's controversial refugee swap deal.

The first group of 16 men was due to be flown from the island at 11.30am AEST (8.30am local time), escorted by Australian Federal Police.

But Justice Kenneth Hayne ordered last night that the charter flight not depart before 4.15pm, pending the hearing of another application in the High Court in Canberra at 2.15pm.

The injunction, sought by lawyer David Manne from the Refugee and Immigration Legal Centre in Melbourne, was granted at a special hearing of the High Court in Melbourne last night.

Mr Manne said last night the High Court challenge on behalf of 42 asylum seekers involved fundamental human rights protection. He said six of his clients were unaccompanied minors.

''The minister, as legal guardian, must act in the best interests of these children,'' he said.

Mr Manne said the injunction dealt with "life and death matters" and the deportation of unaccompanied minors could mean Immigration Minister Chris Bowen was abandoning his responsibilities to ensure their safety and welfare.

"Malaysia has a long-standing record of very serious mistreatment of asylum seekers and refugees - arbitrary arrest, arbitrary detention, arbitrary beatings, whippings, canings and even deportation," he said.

The dramatic last-minute stay comes after a second boatload of asylum seekers arrived at Christmas Island.

There are now 105 asylum seekers on the island subject to expulsion under the people swap deal, in which 800 boat people will be sent to Malaysia in exchange for 4000 declared refugees.

The 50 new arrivals are mostly Afghans and include five males who say they are under 18 and one woman.

They were told of their impending deportation as detainees entered the third day of a hunger strike.

Guards said many of the group had been banging their heads against walls as well as refusing food, water and medical attention.

They include a group of men who were due to be deported today.

The aircraft that will take them has been under 24-hour guard due to concerns it could be sabotaged, while AFP officers have been boosted to 109.

While the department said late on Friday it had no knowledge of a hunger strike, it has since acknowledged some people are not eating. A small number had now missed consecutive meals.

"We are treating their welfare as a high priority and detention services provider Serco is continuing to engage with those involved and encouraging them to eat and drink," an Immigration spokeswoman said. She added the hunger strike "will have no effect on their situation.