Neil Mitchell says the Gillard Government should resign.

He has only ever taken this position once before in more than 40 years in media.

Watch his carefully-considered editorial below and let us know what you think.

Your comments could be read on air.

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LATEST: The Coalition has rejected suggestions that all offshore processing of asylum seekers is illegal, claiming Nauru is still a viable option.

The Gillard Government is considering re-opening the Nauru detention facility after the High Court rejected its asylum deal with Malaysia.

But it's understood Labor has received emergency legal advice suggesting asylum seekers CAN'T be transferred to any other country.

Shadow Immigration Minister Scott Morrison says that's not right.

THURSDAY: Federal Cabinet is urgently seeking solutions to its asylum seeker crisis after the High Court ruled the Malaysian swap deal unlawful.

It's already ruled out asking Malaysia to change its domestic laws to get around the ruling.

But legal advice is being sought and all other options, including Nauru, are being considered.

Meanwhile, refugee lawyer David Manne says the ruling casts doubt on the legality of ALL off-shore processing. 

WEDNESDAY: The High Court has ruled the Gillard Government's Malaysia deal is unlawful because it doesn't adequately address human rights concerns.

This means Australia will NOT be able to transfer 800 asylum seekers to Malaysia, but we'll still have to accept 4,000 refugees from the country.

More than 300 boatpeople who've arrived since the deal was announced must now remain in Australia.

But legal expert Don Rothwell from the Australian National University says the deal may still go ahead if the Government changes the structure of its policy.

STEVE MURPHY, WEDNESDAY: The Full bench of the High Court has delivered a body blow to the Federal Government by rejecting its so called Malaysian Solution whereby 800 asylum seekers arriving by boat to Australia would be taken to Malaysia and in return Australia would take 4,000 certified refugees from Malaysia.

While this decision has significant ramifications for illegal boat arrivals now and in the near term, it strikes at the heart of this Government’s credibility and policy competence.

On the issue of border protection the Gillard Government is now teetering on becoming if it hasn’t ready become a laughing stock.

From the failed East Timor proposal, to the Government’s obstinate refusal to consider Nauru or Papua New Guinea as alternative third country processing centres, there is now a real sense of crisis enveloping this administration. 

Effectively the Government’s asylum seeker policy is in tatters and the prime Minister has only herself to blame.

Ms Gillard has previously made much about third countries being signatories to the UN Convention on Human Rights to criticise the former Howard Government, but sacrificed that principle in a knee jerk effort to do a deal with Malaysia and get the boat people issue of the front page.

Indeed the High Court found today that Malaysia is not legally bound to provide the access and protections the Migration Act requires for a valid declaration. The court noted that Malyasia is not a party to the Refugees Convention or its protocol.

The Government’s confused and often erratic approach to border protection has resulted in a total policy failure. Given even the Greens have opposed the policy, it might well be time for them and the other independents to rise above political self interest, take a long hard look at the shambles we are witnessing and ask themselves whether Australians deserve a fresh opportunity to go to the polls.

The 'critic in chief' on 3AW

Opposition leader Tony Abbott says he's not prepared to say why voters have warmed to the Coalition, but not to him personally. Click on the image of Abbott on the right to listen to his full interview with Neil Mitchell.

Gillard tangled in Old AWU scandal

Julia Gillard is said to be 'furious' about an article in The Australian which implicates her involvement in ex-boyfriend Bruce Wilson's embezzlement of union funds. Listen to Neil Mitchell here, who reckons Gillard has reacted 'terribly' to this situation.

3AW Mornings with Neil Mitchell

Neil is one of Australia’s most experienced journalists with success in newspapers, radio and television. He was one of the youngest editors of a daily metropolitan newspaper, The Herald. Enter Neil's highlights page for videos. replays and news.