Immigration Detainees to Remain Behind Bars Following Landmark High Court Case

The Labor government has won a landmark High Court case that will have significant implications on the country’s immigration system and the fate of hundreds of asylum seekers in indefinite detention.

On May 10, Australia’s highest court handed down its judgment that ruled against a legal challenge brought by an Iranian asylum seeker.

In his legal bid, the detained 37-year-old man, known as ASF17, argued he should be granted freedom because of a judgment by the High Court last year.

In November 2023, the High Court ruled that the federal government’s practice of holding asylum seekers in indefinite immigration detention was unlawful if there was no real prospect of deportation.

The November ruling resulted in 150 immigration detainees being released into the country. Some of them were later arrested and charged for allegedly committing crimes.

However, in the latest legal challenge, the court decided against extending the earlier judgment to immigration detainees who deliberately frustrate government attempts to remove them from the country, argued ASF17’s lawyers.

Related Stories

Under the current laws, foreigners coming to Australia by boat to claim protection will not be allowed to settle in Australia.

In addition, those who do not have a valid visa are deemed unlawful non-citizens and subject to detention under the Migration Act 1958.

In the case of ASF17, the man first arrived in Australia by boat in 2013 to seek asylum and has been in detention for a decade.

Australian authorities have tried to deport him to Iran every six months since 2018, when his asylum-seeker visa was rejected.

However, ASF17 refused to be deported to Iran as he claimed he could face the death penalty upon returning for being bisexual.

The man also said Australia had not offered him other options for deportation.

Meanwhile, the federal government argued that ASF17 should remain in detention and that it should retain the power to detain people in similar circumstances.

The court found that it was possible that ASF17 could be deported to Iran if he cooperated with the Australian government.

This meant there was a reasonable prospect of him being removed; therefore, the November 2023 ruling could not be applied to his case.

“We welcome today’s unanimous decision of the court, which has found that individuals who are not cooperating with their own removal are able to remain in immigration detention until they are removed from Australia,” he said.

“Community safety continues to be our highest priority, and we will continue to take all necessary steps to keep Australians as safe as possible.”

Meanwhile, Prime Minister Anthony Albanese said the government should have the power to remove those who had no right to stay in the country.

“They’ve exhausted their legal processes, they’ve been found not to have any right to stay here, they shouldn’t be just allowed to self nominate in staying here,” he said.

“These are not people who have been found to be refugees. Indeed, the opposite is the case. They should not be just allowed to stay here.”