The Sydney based Public Interest Advocacy Centre is representing a
number of Iraqi and Kuwaiti asylum seekers in applications to the
Federal Court for release from detention. Most of their clients have
been in detention since 1999, awaiting removal from Australia for
periods of up to three years since the exhaustion of domestic processes
in relation to their refugee application. As the Australian Government
remains unable to remove them, they face indefinite detention.
Their legal claims lay on a recent court decision (Al Masri v Minister
for Immigration and Multicultural and Indigenous Affairs). In that
case, the Court found that where there is "no real likelihood or
prospect of [a asylum seeker�s] removal in the reasonably foreseeable
future, [the] continued detention is unlawful".
However, at least one later case thought that the legal decision was
faulty. Therefore, the matter has gone to appeal to a Full Bench
sitting of the Federal Court.
For more information, see PIAC's web-site at www.piac.asn.au/litigation.
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