• 24 May, 2024

The Iranian did not escape Australian immigration detention

The Iranian did not escape Australian immigration detention

Courts have ruled that detention is justified if a person refuses to cooperate with deportation.

The High Court of Australia has rejected an application for extradition from immigration detention by an Iranian asylum seeker because he feared he could be imprisoned forever.

The man has resisted deportation from Australia since 2018, saying he is a danger because of his sexual orientation and religious beliefs.

One detained Rohingya man, known since then only as ASF17, said his detention without consideration of extradition or deportation was illegal and illegal. This discovery led to the release of many people from immigration detention centers.  But on Friday, the high court ruled that ASF17's case was different, saying that his continued detention was the result of his decision not to cooperate with deportation.

"If ASF17 cooperates in obtaining the necessary travel documents from the Iranian authorities, he may be sent back to Iran," the judge said, as reported by ABC broadcaster. – He decided not to cooperate. He has the power to change his mind. He chose not to.

They said the Australian government didn't think he should be protected. Refugee rights groups and the government are monitoring the case, and many could be freed if the court rules against the Iranians.

Immigration Minister Andrew Giles welcomed the court's decision, saying the government had "fought hard" to defend its position in the case. State attorneys argued that the men were considered dangerous and could be jailed if they did not cooperate with their deportation.

"We welcome today's court decision, which ruled that people who do not cooperate with their deportation will remain in immigration detention until they are removed from Australia," Giles said.

Community safety is our top priority and we will continue to do everything we can to keep Australians safe.

ASF17,  now 37, arrived in Australia on a small boat more than a decade ago. He said he fled Iran after his wife caught him having sex with a man.

Under Operation Sovereign Borders, people who arrive by boat are held in prisons, some of them ashore, without having to live in Australia.