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The case has been brought by a male asylum seeker, known as ASF17, who has been held in immigration detention for 10 years and had his visa rejected.
But he’s refusing to cooperate with efforts by officials to deport him back to Iran because he fears being persecuted for a range of reasons, including his sexuality.
Lawyers for ASF17 will argue that he should remain in Australia.
If his case is successful, it will have consequences for about 200 other detainees in similar circumstances and allow them to be released into the community.
The court will have to decide whether or not ASF17 should be treated the same as the case of NZYQ in last year’s landmark ruling that found that people with no prospect of deportation cannot be held indefinitely in immigration detention.
That High Court ruling triggered the release of 149 detainees.
Government lawyers today will argue this case is different, and that it’s legal to hold people who refuse to cooperate with attempts to deport them
The opposition says the case is shaping up to be a test of the Albanese government’s control over borders and immigration.
The legislation is being examined by a Senate committee.
