Australian High Court Upholds Detention of Iranian Asylum Seeker
Australia’s High Court has ruled against the release of an Iranian asylum seeker, who has been in immigration detention since he resisted deportation in 2018.
Australia’s High Court has ruled against the release of an Iranian asylum seeker, who has been in immigration detention since he resisted deportation in 2018.
Identified only as ASF17, the Iranian man argued that his detention was punitive.
He has also claimed that deportation would pose risks due to his sexual orientation and that he feared indefinite detention.
The Iranian man’s lawyers had hoped to use a precedent involving another asylum seeker – a Rohingya man. That ruling found that the indefinite immigration detention for people with no reasonable prospect of deportation was unlawful.
In ASF17’s case, the court ruled that since there is a "real prospect of removal" his detention was lawful.
Australia’s High Court seemingly differentiated ASF17's case based on his non-cooperation.
The court stated that ASF17's return to Iran could be facilitated if he agreed to cooperate with the process of obtaining necessary travel documents from Iranian authorities.
"He has decided not to cooperate. He has the capacity to change his mind. He chooses not to do so," the justices noted, unanimously agreeing that his detention remains lawful under such circumstances.
Australia’s Immigration Minister Andrew Giles supported the court's decision, emphasizing that the government had vigorously defended its stance.
He highlighted the case's implications for broader immigration policies, stating, "We welcome today’s unanimous decision of the Court, which has found that individuals who are not cooperating with their own removal are able to remain in immigration detention until they are removed from Australia."
Australia has a policy of mandatory detention for all unauthorized arrivals. The policy applies to those who arrive without a valid visa, including asylum seekers who often resort to dangerous sea journeys arranged by smugglers.
Once intercepted, individuals are typically placed in immigration detention centers while their refugee claims are processed. This process can be lengthy, sometimes lasting for years, which often results in significant mental and physical health issues among detainees.
Ahmad Bakhshayesh Ardestani, re-elected to parliament in March, conveyed to the Rouydad 24 website his belief that Iran's decision to risk attacking Israel in April stemmed from its possession of nuclear weapons.
Moreover, he drew attention to remarks by Kamal Kharrazi, senior foreign policy advisor to Supreme Leader Ali Khamenei on Thursday, who said that Tehran will change its nuclear doctrine if Israel attacks its atomic facilities. For years, the Islamic Republic has insisted that its nuclear program is entirely peaceful, despite enriching uranium to 60-percent purity, which can only have a weaponization purpose.
“In my opinion, we have achieved nuclear weapons, but we do not announce it. It means our policy is to possess nuclear bombs, but our declared policy is currently within the framework of the JCPOA. The reason is that when countries want to confront others, their capabilities must be compatible, and Iran's compatibility with America and Israel means that Iran must have nuclear weapons,” Ardestani was quoted as saying.
Clearly putting Iran in the same trench as Russia, Ardestani added, “In a climate where Russia has attacked Ukraine and Israel has attacked Gaza, and Iran is a staunch supporter of the Resistance Front, it is natural for the containment system to require that Iran possess nuclear bombs. However, whether Iran declares it is another matter.”
The conservative politician, hailing from Isfahan Province, representing a district close to the Natanz nuclear facility, is a trusted regime figure, because he was allowed to run and win in the tightly orchestrated March parliamentary elections.
Ardestani, 63, has served in the government in various capacities since his youth from the early 1980s, and was a close ally of former President Mahmoud Ahmadinejad. It is not clear if he is a member of the hardliner Paydari party, dominating the newly elected parliament, but he also served a four-year term from 2012-2016 as an Ahmadinejad supporter. He is known as a foreign policy expert who managed foreign students sent abroad by the government.
On Thursday, Kamal Kharrazi was quoted by the semi official ISNA news website as saying, “If they [Israel] dare to strike Iran's nuclear facilities, our level of deterrence will change. We have experienced deterrence at the conventional level so far. If they intend to strike Iran's nuclear capabilities, naturally, it could lead to a change in Iran's nuclear doctrine.”
Kharrazi's statement seemed designed to be a deterrence to any Israeli plans to attack its nuclear facilities. Although he also threatened a change of doctrine if Iran’s existence is threatened, any Israeli attack will most likely be aimed at valuable strategic targets, not at obliterating Iran. It is possible that Supreme Leader Ali Khamenei’s advisor was referring to possible Israeli threats against the regime and its leaders, not the existence of Iran as a country.
On April 18, a senior IRGC commander had also warned that Tehran could change its nuclear policies if Israel continues to threaten to attack Iran’s nuclear sites.
“If the fake Zionist regime wants to use the threat of attacking nuclear sites to put pressure on Iran, it is possible and conceivable for the Islamic Republic to revise its nuclear doctrine and policies, and deviate from its past declared considerations,” said Ahmad Haghtalab, who oversees the security of Iran’s nuclear sites.