Australia has denied an extradition application from the Malaysian government to bring back former police officer Sirul Azhar Umar to face his death penalty.

The spokesperson for the Attorney-General Department said the extradition law in Australia does not allow a person to be extradited to other countries for an offence that carries death penalty unless the country has assured Australia that the sentence would not take place.

"Australia opposes death penalty. We oppose the death penalty for Australians home and abroad," he said as reported by The Sydney Morning Herald.

Federal Court on Tuesday dismissed the decision made by the Court of Appeal to release Sirul and chief inspector Azilah Hadri who were found guilty in the murder case of Mongolian model, Altantuya Shariibuu.

The Federal Court judges have found both Sirul dan Azilah guilty and were given the death sentence following the offences.

Sirul did not attend the court session when the punishment was meted out. He is believed to be in Australia for the past six months.

Kuala Lumpur CID chief Mohmad Salleh said Malaysia will cooperate with the Australian Federal Police to arrest Sirul who, according to the immigration record, has depart for Australia in October.

Meanwhile, Sinar Harian reported that Sirul’s mother, Piah Ahmad or fondly known as Mak Long Piah, prays and hopes for her son to return.

“What can I say? The punishment has already been decided by the judge and the court.

“We have not been in contact for a long time. The last time was last year when he came to visit his children.

“As a mother, it is sad to see your child like that, not knowing where he is right now.

“I accept the decision that has been made by the court. But if possible, I want him to return home," Piah said as quoted by Sinar Harian.

The Malay daily also reported Piah as saying his son had told her that he is following the orders from someone.

Meanwhile, lawyer Tan Sri Dr Muhammad Shafee Abdullah was quoted as saying that Sirul’s departure to Australia is bizarre.

"Even if (the criminal is outside of the country) won the case (at the Court of Appeal), the prosecution team will use an existing law to prevent him from leaving the country.

"I’m just wondering why he can leave the country and the fact that Immigration Department has not been told that he can’t leave,” Dr Muhammad Shafee said.