EXPLAINER: Why the High Court’s Decision Was Important?

Published on May 10, 2024

The government has won a crucial victory in the High Court which will prevent the release of as many as 200 more immigration detainees. The case was brought by a detainee known by the pseudonym ASF17, an Iranian citizen, who sought his release from detention on the basis that he fears harm in Iran due to his bisexuality. He has been held in immigration detention in Australia for almost a decade after his application for a protection visa was refused. His claim of potential persecution has never been assessed by the Home Affairs Department. Iran is one of a handful of countries that refuse to accept the forced return of its citizens, and ASF17 has refused to participate in the administrative processes that may allow the government to deport him....