A bisexual Iranian man at the centre of a fresh legal challenge to the government’s immigration detention regime says he would rather be sent to Gaza than return to his country of birth.
But his barrister, Lisa De Ferrari SC, told the court the government never tried to resettle him anywhere else, and that her client did not oppose being removed to a country other than Iran. The Commonwealth submitted in court documents the ongoing detention of a person who refused to co-operate “cannot properly be characterised as punitive” and therefore unlawful, as it was within the detainee’s power to end it. “That is true even if the alien’s non-co-operation is the result of a genuine subjective fear of harm in the place to which the alien is to be taken,” the court documents say.
One of them is Ned Kelly Emeralds, whose legal team at the Human Rights Law Centre has joined the current proceeding, given the potential effect the case will have on his ongoing freedom.
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