Human Rights Law Centre to intervene in High Court challenge to indefinite detention on behalf of client AZC20

The High Court is set to hear a challenge in April to the Australian Government’s continued detention of people who cannot be forced to return to their country of citizenship. AZC20 – an Iranian man who was detained for over a decade while seeking asylum – has sought to intervene in the High Court case that will decide whether the government can indefinitely detain people who do not cooperate with their removal from Australia. AZC20 was released from detention in November 2023, after the Federal Court found he was medically unfit to consent to his removal.   

In November 2023, the High Court determined in NZYQ v Minister for Immigration that it is unlawful for the Australian Government to continue to detain a person where there is no real prospect that their removal from Australia will be practicable in the reasonably foreseeable future. That case concerned a man who was stateless and was owed protection obligations, so could not be returned to his country of origin. In ASF17 v Commonwealth, the High Court will consider whether the same limitation applies to people who cannot be returned to their home country for other reasons – either because they fear harm, or there are medical or other barriers to their removal.  

A number of people who remain in long-term detention - including people from Afghanistan, Sudan and Iran - arrived in Australia more than a decade ago and had their protection claims refused under the flawed ‘fast track’ assessment process. They have been refused access to a fair and independent refugee status assessment. In response to domestic and international criticism, the Albanese government has abolished the ‘fast track’ process with effect from 1 July 2024, but has done nothing to assist people unfairly refused under it. 

The Human Rights Law Centre will argue that the ruling in NZYQ means that indefinite detention is unlawful under any circumstances. It will further argue that a person’s reasons for refusing to consent to their removal are a key consideration in determining whether their detention is lawful. Further, the primary barrier to the removal of people like ASF17 and AZC20 is Iran’s refusal to accept forced returns, which should not result in indefinite detention.  

Decades of extensive evidence demonstrate the medical and psychological harms of prolonged immigration detention and the widespread human rights abuses occurring in Australian detention centres. In other jurisdictions such as the European Union and United Kingdom, there are limits on the length of detention including in situations where a person has not consented to their removal.  

Sanmati Verma, Legal Director at the Human Rights Law Centre, said:  

“No one should be locked up for the rest of their lives at the whim of the government, simply because they don’t have a visa. Whatever the reason that a person cannot be removed from Australia, indefinite immigration detention can never be the answer.  

“People in detention are deprived of their freedom, separated from their families and communities, and routinely subjected to violence, isolation and deplorable conditions. On top of this, people are faced with the psychological burden of not knowing when, or even if, they will ever get out.  

“Other countries around the world have recognised there must be limits on detention in all circumstances. Australia cannot leave people to languish simply because foreign governments refuse to accept them. It’s time to allow people to move on and rebuild their lives in freedom.”

Media contact:
Thomas Feng, Media and Communications Manager, 0431 285 275, thomas.feng@hrlc.org.au