High Court Case Results in Immigration Detainees Remaining in Custody
The High Court has rejected a legal challenge brought by an Iranian asylum seeker who refused to cooperate with the Australian government.
The Labor government has emerged victorious in a significant High Court case that will impact Australia’s immigration system and the status of numerous asylum seekers in indefinite detention.
Australia’s highest court announced its decision on May 10, ruling against the legal challenge brought by an Iranian asylum seeker.
The detained 37-year-old man, known as ASF17, argued in his legal attempt that he should be released due to a previous High Court ruling last year.
However, in the latest legal challenge, the court decided against expanding the previous judgment to immigration detainees who actively impede government efforts to deport them, as argued by ASF17’s legal team.
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According to current laws, individuals arriving in Australia by boat to seek refuge will not be permitted to settle in the country.
Furthermore, those lacking a valid visa are considered unlawful non-citizens and can be detained under the Migration Act 1958.
In the case of ASF17, he first arrived in Australia by boat in 2013 to seek asylum and has been in detention for ten years.
Australian authorities have been attempting to deport him to Iran every six months since 2018, following the rejection of his asylum-seeker visa.
However, ASF17 has refused deportation to Iran, citing potential risks, including the death penalty due to his sexual orientation.
He also claimed Australia has not presented alternative deportation options.
On the other hand, the federal government argued for ASF17’s continued detention, asserting the necessity to detain individuals in similar situations.
The court determined that if ASF17 cooperated with the Australian government, there was a possibility of his deportation to Iran.
Therefore, as there was a likelihood of his removal, the November 2023 ruling could not be applied in his case.
As a consequence of the court’s recent decision, ASF17 and numerous other asylum seekers in detention will remain incarcerated.
Government Response
Following the ruling, Immigration Minister Andrew Giles expressed his approval of the court’s decision.
“Our top priority remains community safety, and we will take all necessary measures to ensure the safety of Australians.”
On the other hand, Prime Minister Anthony Albanese emphasized the government’s need to have the authority to expel those without the right to stay in the country.
“These individuals are not recognized as refugees; on the contrary, they should not have the option to remain here.”
