The Migration Act allows the immigration minister to "declare" or identify a third country to which asylum seekers can be sent.

BBC: Australia fails to find an asylum solution

Lawyers argued that because Chris Bowen, Australia's immigration minister, could not guarantee their protection, he had no power under Australia's Migration Act to send them to Malaysia.

ECONOMIST: The government hits a legal roadblock

Consistent with section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, as amended, I hereby determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States and designate such persons for this purpose.

WHITEHOUSE: The White House