A court decision yesterday has meant that up to 120 asylum seekers may avoid deportation to Afghanistan. Immigration Minister Chris Bowen’s handling of the Afghan man’s case was described as “disturbing” and deemed unlawful and unfair.
Pamela Curr from the Asylum Seeker Resource Centre briefly explains:
Russell Kennedy Lawyers have successfully represented a 34 year old Hazara man in a Federal Court application to prevent him being forcibly returned to Afghanistan without his claims for asylum being assessed in accordance with the law.
At 2pm yesterday, Justice Gordon delivered the judgment of the Full Federal Court in the matter SZQRB v Minister for Immigration [2013] FCAFC 33. Five of the five Full Court judges found the Minister for Immigration and Citizenship’s decision to remove the applicant lacked procedural fairness and was not made in accordance with law. The precise declaration and injunction to be made is still before the court.
The decision means that the Minister is restrained from removing the applicant from Australia until his application for protection has been determined according to law.
Victor Harcourt, lead Principal in the matter, and head of Russell Kennedy’s pro bono team said,
“We are delighted with today’s decision. Before this decision the Minister’s position had been that he was entitled to exercise his personal decision making power without considering the facts of a particular case. Today’s result confirms that the Minister must complete the assessment and removal process according to law.
This decision will have an immediate and significant impact on 100 or more other Afghan asylum seekers that we know to be in a similar position to our client. It will also impact asylum seekers whose claims are currently being processed.
Russell Kennedy assisted this client as part of our commitment to protecting the rights of refugees and asylum seekers. We believe that it is imperative that asylum claims are determined by a fair and transparent process and that asylum seekers are not returned to a country where they are at real risk of persecution.”