Attorneys for ASF17, a 37-year-old man, are making a case at the High Court to secure his release from detention in Australia. The man, who arrived in Australia by boat more than ten years ago, is resisting efforts to deport him back to Iran. He claims that returning to Iran would put him at risk of persecution due to his bisexual orientation. ASF17 has been fighting deportation attempts since late 2018 and is refusing to cooperate with Commonwealth officials in this regard.
ASF17's lawyer, Lisa De Ferrari SC, highlighted her client's repeated requests to be sent to any country other than Iran, suggesting he even mentioned being willing to go to Gaza. De Ferrari argued that ASF17's ongoing detention without a clear resolution or potential alternative destination is punitive. She likened his situation to being asked to jump from a 10th-floor apartment and emphasized the lack of feasible outcomes proposed by the Commonwealth or Iranian policies.
The Commonwealth, represented by Solicitor-General Stephen Donaghue KC, maintains that Iran is the only viable deportation option for ASF17 and that exploring other countries would create diplomatic issues. The government's stance is that continued detention is a consequence of ASF17's refusal to cooperate with deportation efforts. The case seeks to expand on a previous High Court ruling regarding immigration detention, setting precedent and potentially affecting other detainees currently in a similar position. The court adjourned to consider its judgement on the matter.