The High Court recently made a decision regarding the case of an Iranian man, referred to as ASF17, who was detained in immigration after refusing to assist in his deportation process. Despite ASF17's claims of facing persecution in Iran based on his sexual orientation, the court found that he had the potential to be removed to Iran if he collaborated in obtaining travel documents, which he opted not to do.
Although ASF17's lawyers attempted to draw parallels with a previous High Court ruling involving a Rohingya man named NZYQ, the court determined that the situation was different in ASF17's case, where there was a genuine possibility of removal. The judgment, delivered jointly by six High Court justices, highlighted ASF17's choice not to cooperate as a factor in his continued detention and dismissal of his appeal. This decision was further supported by the seventh member of the bench, Justice James Edelman, who concurred with the dismissal of the case.