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The Superior Court has failed against two asylum seekers who seek to question the legality of their detention, after the emblematic issuance in the Nzyq case.
That decision, in November 2023, found that Where there is no real perspective that the elimination of the person from Australia becomes practical in the reasonably predictable future.
The ruling led to the release of around 150 people of immigration detention.
Last failure
The last case involves a man born in Poland and another born in Vietnam. Both were arrested while their visas were processed, after complying with jail sentences in Australia for drug charges. They affirmed that these detention periods were illegal.
They were not released as part of the Nzyq cohort, but the Court of Administrative Appeals found that Australia owed them protection, and both were released last year.
The couple had been looking for damage to the Federal Court, arguing that they could not be eliminated from Australia.
In a unanimous ruling, the court said that the arrest of men was constitutionally valid while their visas were processed, even for protection visa applications.
In a statement published by the Court, the legal issue raised by men about the lack of a reasonable perspective of removal was considered irrelevant in this case.
What’s more to know
The court determined that if the Polish man returned home, he could be imprisoned and face a cruel and degrading treatment.
In the case of Vietnamese man, the court determined that if he returned home, he faced the perspective of the death penalty.
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