May 10th 2024.
In a recent decision, Australia's highest court ruled against extending a previous ruling that led to the release of over 150 immigration detainees. Among them was ASF17, a bisexual Iranian man who had been fighting for his freedom for years. Despite his efforts, the High Court decided that the ruling, which stated that indefinite detention was illegal if there was no chance of deportation, would not apply to those who deliberately obstructed the government's efforts to deport them.
This decision was met with disappointment and frustration, especially from ASF17 who has been in detention for a decade. The federal government, led by Prime Minister Anthony Albanese, argued that it was necessary to have the power to deport those who had no right to stay in Australia. According to Albanese, these individuals had already exhausted all legal avenues and should not be allowed to remain in the country.
The case of ASF17 is a complex one, as he had been trying to seek asylum in Australia since 2013. His visa was refused in 2018, and ever since, the government has been attempting to deport him back to Iran, a conservative nation where he could face the death penalty due to his sexual orientation. Despite his willingness to be deported elsewhere, Australia has not offered any other options, leaving him in a state of indefinite detention.
Prior to the High Court's decision, the government had attempted to pass new laws that would prevent a mass release of immigration detainees. These laws would allow the government to detain those who refuse to cooperate with their deportation for up to five years, and also give the home affairs minister sole power to ban visa classes for relatives of asylum seekers from countries that do not accept deportees.
However, the proposed laws were met with opposition from both the coalition and the crossbench, who joined forces to send it to an inquiry instead of passing it immediately. This move was deemed necessary as previous emergency legislation had been rushed through without proper scrutiny, causing concerns among human rights groups and the parliamentary human rights committee.
The outcome of this decision is yet to be seen, but it highlights the ongoing struggle of immigration detainees in Australia. Despite the landmark ruling in November that led to the release of over 150 people, there are still hundreds more who remain behind bars, unsure of their fate and unable to move on with their lives. And while the government argues for the need to have the power to deport those with no right to stay, it is important to also consider the rights and well-being of those who have been detained for years, facing uncertain and often dangerous futures.
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