The High Court is hearing a legal bid for freedom from an Iranian immigration detainee who is refusing to co-operate with government attempts to deport him.
A person in immigration detention cannot be released just because they fear persecution in their birth country,the federal government will argue in a High Court challenge.
Party sources say Bennelong MP Jerome Laxale questioned the impact of provisions blocking visas from countries who don’t accept the return of their citizens.
Minister Clare O’Neil was twice pursued by cameras,was asked the same question seven times and the government’s rushed bill was blocked by the opposition and the crossbench on Wednesday.
This was a humiliation for a government that wants to project a sense of command and control. Facing political pressure on borders,Labor threw good process overboard.
One of the nation’s most powerful public servants blindsided her ministers by releasing the criminal records of former detainees after the landmark High Court decision.
People who refuse deportation because they fear persecution will be jailed for up to five years under Labor’s accelerated plans to head off legal challenges.
The freeing of the two men,who had their visas revoked over extensive criminal convictions,fuels accusations the government is sidestepping detainee cases that could lead to further mass releases.
Convicted in absentia on terrorism offences in Lebanon,one detainee is arguing Australia can’t owe him protection and lock him up indefinitely.
The detainees from Iran,Iraq and Sudan are at the heart of a new test for the government in its attempts to defend the detention regime.
The government intends to mount a fresh defence in the High Court against asylum seekers who refuse to co-operate with Australian authorities.