ASF17 High Court ruling
Asylum Seeker Resource CentreMay 10
Australia's Government Wins High Court Deportation Challenge
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The Facts
Australia's High Court has ruled against the release of an Iranian asylum seeker from immigration detention, as the legal precedent set in a landmark ruling last year was found not to apply to his case.
The man, identified only as ASF17, has been detained and fighting deportation since 2018. He has argued that he would be at risk if he returns to his home country due to his sexual orientation and religious beliefs.
The Spin
Establishment-critical narrative
This ruling leaves a disappointing stain on Australia's legacy for human rights. Giving ASF17 a "Sophie's choice" between indefinite detention or facing persecution in Iran is no real choice at all. This is a devastating ruling for ASF17 and the hundreds of other detainees facing similar conditions.
Pro-establishment narrative
This ruling is in line with previous High Court decisions about immigration detention and deportation. Upholding this ruling reaffirms the government's authority to detain individuals who refuse to cooperate with deportation efforts, and deter others that refuse to comply with immigration laws.