The High Court has dismissed an Iranian man’s bid for freedom from immigration detention
The detainee argued a previous decision it was illegal to detain someone indefinitely if there was no real prospect of deportation extended to detainees who deliberately frustrate the government’s efforts.
The Iranian man known as ASF17 was fighting to be released on the basis he could face the death penalty for being bisexual if deported, however, the High Court didn’t believe his story, unanimously rejecting his bid and stating
“ASF17 is capable of providing the assistance required to remove him and he has been found not to have a genuine and well-founded fear of persecution in Iran.”
Prime Minister Anthony Albanese spoke before that judgement was handed down and said “The federal government need to have the capacity to deport people who had no right to stay here.”
“These are not people who have been found to be refugees, indeed the opposite case, they should not be just be allowed to stay here.”
The federal government successfully argues that he should remain in detention with anyone in a similar situation as they have the power to bring their detention to an end.
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