UNHCR 'undecided' on refugee swap

Australia's proposed refugee swap with Malaysia looked on shaky ground Thursday with the United Nations High Commissioner for Refugees suggesting he may not sign off on it.

Antonio Guterres said he did not yet know if the UNHCR would approve the controversial proposal, adding that Australians had bombarded him with emails opposing the deal.

"The only reason why it has not yet been signed is because UNHCR has been intransigent in relation to a certain number of very clear protection principles," he said in the Sydney Morning Herald.

"And that policy will be maintained. I don't know if there will be an agreement or not."

Prime Minister Julia Gillard announced nearly two months ago that Malaysia had agreed to take 800 asylum seekers for processing as it battles to stem the tide of boats arriving on its shores and dismantle people-smuggling operations.

In return, Australia would accept and resettle, over four years, 4,000 registered refugees currently living in Malaysia.

But the plan has sparked growing discomfort, with Malaysia not a signatory to the UN Refugee Convention, nor having ratified the UN Convention against Torture.

Amnesty International has said that asylum seekers sent to Malaysia could face lengthy waits to determine their status, inhumane detention conditions and even torture, in the form of caning.

Almost 400 boat people have arrived since the proposal was announced in early May and Immigration Minister Chris Bowen said he remained confident the UNHCR would approve the swap proposals.

"They certainly see the benefits of this arrangement, the benefits of improved protection outcomes in Malaysia," he told ABC radio.

"They see the benefits of the increase in the humanitarian programme by Australia, and they see why Australia would be going down this road.

"They have consistently said that they see the benefit of this arrangement and they have been involved in the discussions in a spirit of goodwill."