Detainee victory will turn court into ‘refugee tribunal’

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Detainee victory will turn court into ‘refugee tribunal’
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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.

The Commonwealth has warned that judges will be turning the courts into a “refugee tribunal” if they allow people who resist deportation to walk free from immigration detention, and Australia risked diplomatic tensions by resettling people in countries where they didn’t belong.

The Commonwealth argues his ongoing detention is legal because the detainee could “bring it to an end at any time” by agreeing to meet Iranian authorities for the necessary paperwork to return to Iran. Commonwealth solicitor-general Stephen Donaghue said the government had investigated moving him elsewhere but argued De Ferrari was effectively asking the government to take people to countries where they had no right of residency or long-term stay.“If we did start removing people to those countries, that would create diplomatic tensions and raise the risk of refoulement ,” he said.

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