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.
Australian authorities are holding at least 127 asylum seekers in detention despite being unable to return them to their home countries as the government prepares for a High Court hearing on whether it must release people it cannot deport.
because he fears for his life if he is sent back to Iran, which will not accept citizens who are forced to return. In a key difference from the November case, the Iranian applicant does not appear to have a criminal conviction and the argument hinges on whether there is any possibility of deporting him to Iran.Coalition immigration spokesman Dan Tehan demanded an answer from Giles on the number of people in similar circumstances who were no longer going into detention after serving time for criminal offences.
Giles did not reveal the number and instead challenged Tehan to take up an invitation from the government to attend a legal briefing on the High Court ruling. “However, he has never objected, nor indicated an unwillingness to assist the Commonwealth, to being removed from Australia to any other place in the world. In fact, he has positively asked for it.
“Whatever the reason that a person cannot be removed from Australia – whether it is because they are stateless, owed protection obligations, or because there are practical barriers preventing their removal – the government must accept that indefinite detention is not the answer,” she said.
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