Iranian man loses bid to be released from Australian immigration detention | Migration News

The court rules that detention may be justified when a person refuses to cooperate in his deportation.

Australia’s High Court has rejected a closely watched bid by an Iranian asylum seeker who demanded to be released from immigration detention because he feared being held indefinitely.

The man has been resisting deportation from Australia since 2018, arguing that he would be in danger because of his sexual orientation and religious beliefs.

Known only as ASF17, he took legal action following a ruling last November in favor of a detained Rohingya man, which found that detention without a reasonable prospect of release or deportation was illegal. The finding led to dozens of people being released from immigration detention centers.

But on Friday, the Supreme Court unanimously ruled that ASF17’s case was different, noting that his continued detention was the result of his decision not to cooperate with his deportation.

“ASF17 could be transferred to Iran if he would cooperate in obtaining the required travel documents from Iranian authorities,” public broadcaster ABC said. “He has decided not to cooperate. He has the ability to change his mind. He chooses not to do that.”

They noted that the Australian government had ruled that he did not require protection.

The case was closely followed by refugee advocacy groups and the government, with dozens more people likely to be released if the court ruled in the Iranian’s favor.

Immigration Minister Andrew Giles welcomed the court’s decision, saying the government had “fought vigorously” to defend its position in the case. Government lawyers had questioned the man’s claim that he was in danger and argued that detention was justified if someone did not cooperate in his removal.

“We welcome today’s unanimous decision by the Court, which has found that individuals who do not cooperate with their own removal can remain in immigration detention until removed from Australia,” Giles said in a statement. “Community safety remains our top priority and we will continue to take all necessary steps to keep Australians as safe as possible.”

ASF17, who is 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 arriving by boat are held in prison-like facilities, some offshore, with no chance of ever being settled in Australia.