The High Court will issue its judgement today in the case of an Iranian asylum seeker refusing to be deported, in a ruling that could have significant consequences for the immigration system.
ASF17 is refusing to cooperate with authorities, insisting he will face persecution on the basis of his sexuality if he is sent back to Iran.Being a member of a persecuted minority, he could not be deported back to Myanmar, and no other country approached by Australian officials would accept him.It found that indefinite detention for people with no reasonable prospect of deportation was unlawful.
They told the court the Commonwealth is effectively waiting for him to change his mind, which is something he will never do as it is like being asked to "jump from the 10th floor of an apartment block". Home Affairs officials were concerned another 1,200 people currently awaiting deportation could also cause problems if they also tried to frustrate the process to deport them.
Source: Law Daily Report (lawdailyreport.net)
Asf17 Nzyq Immigration Detention Deportation
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