Attorney general applies to have case heard by high court to end legal uncertainty on detainees who refuse to cooperate on deportation
Attorney general Mark Dreyfus, home affairs minister, Clare O'Neil and immigration minister Andrew Giles. Dreyfus has asked the high court to rule on indefinite immigration detention.Attorney general Mark Dreyfus, home affairs minister, Clare O'Neil and immigration minister Andrew Giles. Dreyfus has asked the high court to rule on indefinite immigration detention.
Many of the remainder have been kept in detention because the government’s legal advice states the NZYQ decision does not require their release if deportation is being frustrated by a lack of cooperation, such as refusing to meet government officials from their country of origin or obtaining a travel document.In both cases the government argued deportation had been frustrated – in ASF17’s case because he refused to meet with Iranian authorities to get travel documents.
“Where ongoing detention is to arrange removal from Australia as soon as practicable, that lawful purpose is served for so long as there is a practicable way that the person may be removed, even if it requires cooperation from the detainee for it to be achieved,” he said. In question time on Wednesday and Thursday, Giles said that “the location of every individual in this cohort is known” because they are “continuously monitored” through conditions including ankle bracelets or a requirement to report their address to authorities.
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