Asylum seekers sent to Malaysia as part of a people swap deal may be granted immunity from the country's caning laws, as the federal government negotiates an agreement to protect their human rights.
Immigration Minister Chris Bowen Bowen says a people swap deal with Malaysia is imminent, but he is refusing to say when.
"I'm not going to outline an artificial timetable, other than to say that I've very satisfied with where the negotiations are at," he said.
The government has admitted the negotiations contain clauses safeguarding the rights of the asylum seekers.
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That could include them being sent to an Australian-funded holding centre before being released into the community.
The 800 people who are part of the deal would also bypass Malaysian laws, protecting them from caning.
Prime Minister Julia Gillard says that was part of the agreement from the start.
"The human rights of the asylum seekers would always be respected. We've always said that, so there's nothing new in that," Ms Gillard said.
Scrap Malaysia deal: Opposition
Opposition immigration spokesman Scott Morrison says the all deal with Malaysia is wrong and that pride is the only thing stopping the Government from re-opening Nauru.
"The mere prospect that we're even having this discussion about caning, and that it would even be raised I think should have been a flag to the government that we just shouldn't have gone there," Mr Morrison said.
Morrison says there are viable alternatives that the government is ignoring.
"Nauru and temporary protection visas are the preferred method, and simply because of the Prime Minister's pride, she refuses to acknowledge that's the way forward".
Mr Morrison and Tony Abbott will visit the abandoned detention facility in Nauru later this week.
