An Iranian asylum seeker named ASF17 asked Australia’s High Court to free him from immigration detention because he was afraid of being locked up indefinitely. The court turned down his request. ASF17 has been fighting removal from Australia since 2018. He says that because of his sexuality and religion, he would be in danger. All 12 judges on the High Court agreed that ASF17’s continued arrest was because he refused to help with his removal. His evaluation by the Australian government showed that he did not require security.
Refugee rights groups and the government are closely monitoring the case. If the court rules in favour of the Iranians, dozens more people will likely be freed. Andrew Giles, the immigration minister, was happy with the court’s ruling and said that the government had “fought strongly” to protect its position in the case. Legal representatives for the government had doubts about the man’s claim that he was in danger and said that arrest was appropriate when someone refused to help with their removal.
ASF17 came to Australia on a small boat more than ten years ago. He was running away from Iran after his wife found him having sex with a guy. Under Operation Sovereign Borders, people who come to Australia by boat are held in sites that look like prisons, some of which are out at sea and have no chance of ever being allowed to live in Australia.