A court decision yesterday has meant that up to 120 asylum seekers\u00a0 may avoid deportation to Afghanistan.\u00a0Immigration Minister Chris\u00a0Bowen’s handling of\u00a0the Afghan\u00a0man’s case\u00a0was described as\u00a0“disturbing” and deemed\u00a0\u00a0unlawful and unfair.<\/p>\n
Pamela Curr from the Asylum Seeker Resource Centre briefly explains:<\/p>\n
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.<\/p>\n
At 2pm yesterday, Justice Gordon delivered the judgment of the Full Federal Court in the matter SZQRB v Minister for Immigration [2013] FCAFC 33.\u00a0 <\/em>Five of the five Full Court judges found the Minister for Immigration and Citizenship\u2019s 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.<\/p>\n 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.<\/p>\n Victor Harcourt, lead Principal in the matter<\/strong>, and head of Russell Kennedy\u2019s pro bono team<\/strong> said,<\/p>\n