Government wins High Court case after detainee’s appeal dismissed

The government will not have to release up to 170 asylum seekers from detention whose lack of cooperation is a factor in why they can’t be deported.

The High Court has rejected a challenge by an Iranian refugee known by the pseudonym ASF17.

The detainee argued that he had no reasonable prospect of deportation because if he were to be sent back to Iran, he could face prosecution.

“ASF17 is capable of providing the assistance required to remove him,” The High Court said.

“He has been found ... not to have a genuine and well-founded fear of persecution in Iran.”

Immigration Minister Andrew Giles described the decision as a good result and said that community safety continues to be the government’s “highest priority”.

The federal government is fearful of further court cases and has attempted to get ahead of a potential unfavourable challenge by passing an amendment to the migration bill, and it’s now in the Senate.