Immigration Minister Andrew Giles said Australia's immigration system had become stronger following today's High Court decision to dismiss a lawsuit brought by an Iranian man seeking release from immigration detention.
Mr Giles said the court had reaffirmed the government's position that those found not to have the right to remain in this country must cooperate in their own deportation.
“We welcome the decision on that basis, but as I said, there is still work to be done,” Mr Giles said.
“We must continue to work to ensure our immigration system is in the national interest.”
The Immigration Minister said the government would introduce legislation next week that would require individuals to help with “basic things like obtaining documents” when deported.
“Next week, Peter Dutton will have to make a choice. He will support legislation that will strengthen Australia's ability to remove people who have no right to remain in Australia, and give us the means to strengthen our border and refugee protection framework. “We can do that,” Giles said.
“But so far, Mr. Dutton has shown that he is only interested in playing politics with this issue.”
His comments came after an Iranian man known as ASF17 lost a lawsuit seeking his release from immigration detention after refusing to cooperate with his planned deportation.
The man, known as ASF17, told the court that he would be persecuted if sent back to Iran because he is bisexual.
Following a 2023 High Court ruling in the case of a Rohingya man known as NZYQ, his lawyer asked for his release.
A court ruled in November that indefinite immigration detention of people with no reasonable prospect of deportation is illegal. The decision resulted in the release of approximately 150 people, including repeat offenders in the community.
On Friday morning, a full bench of the High Court ruled that ASF17's case should be dismissed.
“The High Court held that the continued detention of ASF no. [sections] Sections 189(1) and 196(1) of the Act do not go beyond the constitutional limits identified in the NZYQ,'' the court said.
