Australia Frees Stateless Rohingya Man Following Landmark Court Ruling
In a significant development, Australia has released a stateless Rohingya man from immigration detention after a groundbreaking court ruling. The High Court’s decision opens the path to put an end to the indefinite detention of asylum seekers in the country. The court ruled that the man, known as NZYQ, who hails from Myanmar and had been detained due to child sexual offenses, was unlawfully held as there was no foreseeable prospect of his removal from Australia.
The recent verdict overturns a previous Australian court ruling from approximately two decades ago, which stated that indefinite immigration detention was legal as long as the government had the intention of eventually deporting the individual from the country.
Australian Immigration Minister Andrew Giles confirmed on Friday that NZYQ has been released, and added that other stateless detainees would also be freed. However, visas granted to these individuals will be subject to appropriate conditions, he noted.
Presently, Australia is detaining approximately 92 asylum seekers who are either stateless or cannot be returned to their home country due to fear of prosecution. Many of them have been held for concerns related to their character or potential risks to national security.
According to court documents, NZYQ arrived in Australia by boat in 2012 and was later arrested and convicted of child sexual offenses in 2015. After serving over three years in jail, he was placed in immigration detention in 2018.
While the government awaits the complete decision from the High Court, the prompt announcement of the verdict surprised observers, as the court took only 16 minutes to reach a judgment.
For the past two decades, laws permitting the indefinite detention of asylum seekers have shaped Australia’s border politics. The government had routinely detained individuals for prolonged periods, with some being held for over ten years. The High Court’s ruling this week brings an end to indefinite detention in the country, according to Sanmati Verma, Acting Legal Director at the Human Rights Law Centre.
Verma emphasized the life-changing consequences for people who have been detained without knowing when or even if they would ever be released.
The UN High Commissioner for Refugees (UNHCR) welcomed the decision, stating that it has the potential to align Australia’s immigration detention practices with international law. UNHCR Regional Representative for Australia, New Zealand, and the Pacific, Adrian Edwards, expressed the organization’s long-standing concerns about arbitrary and indefinite detention in Australia.
The ruling sets a significant precedent and marks a step towards ensuring that Australia’s immigration policies are in accordance with international standards. As Australia grapples with the complex issue of asylum seekers, this development will likely shape the future of immigration detention and the treatment of stateless individuals in the country.
Keywords: Australia, stateless, Rohingya man, landmark court ruling, immigration detention, indefinite detention, asylum seekers, High Court, Myanmar, child sexual offenses, deportation, visas, release, human rights, United Nations, international law.
