Detaining asylum seekers in Australian hotels lawful, Federal Court rules

A judge has found that detaining asylum seekers in hotels is lawful but lacks “humanity”, with Grace Tame seen comforting the refugee at the centre of the case after the landmark ruling.

Mostafa ‘Moz’ Azimitabar, pictured with Sally Rugg outside the Federal Court, argued he was unlawfully detained for 14 months in two Melbourne hotels. Picture: Andrew Henshaw

Detaining refugees in hotels used as makeshift detention centres is lawful but lacks “humanity”, a Federal Court judge has found in a scathing landmark ruling.

Kurdish-Iranian refugee Mostafa ‘Moz’ Azimitabar, 37, took the federal government to court arguing he was unlawfully detained for 14 months in two Melbourne hotels after he was transferred from Manus Island to Australia for medical treatment.

But Justice Bernard Murphy on Thursday dismissed the case, ruling his detention was lawful despite lacking humanity.

“I can only wonder at the lack of thought, indeed the lack of care and humanity in detaining a person with psychiatric and psychological problems in the hotels for 14 months,” he said.

“Anyone who endured even two weeks of hotel quarantine during the Covid-19 pandemic would surely understand how difficult that must have been.

Kurdish-Iranian refugee Mostafa ‘Moz’ Azimitabar took the federal government to court. Picture: Andrew Henshaw

Outside of court, Mr Azimitabar was supported by dozens of refugee advocates, including former Australian of the Year Grace Tame and Amnesty International campaigner Sally Rugg, who fought back tears as he spoke.

“It’s a very sad time obviously,” he said.

“It’s not OK for someone who is suffering from asthma, from PTSD to be locked up in a room but it’s legal.

“There are a lot of things in law … that needs to be changed and I obviously (will) continue my fight.”

Marque Lawyers’ Michael Bradley, who represented Mr Azimitabar, said he was disappointed by the outcome and would consider an appeal.

But he added it spoke volumes that Justice Murphy had highlighted the “inhumanity” of the scheme.

“I think we can safely say that the judge was moved by what happened to Moz and felt sufficiently angry about it to put that on the public record,” he said.

“We take heart from the judge’s comments and his recognition of the basic inhumanity of the system and travesty that it could be lawful in this country.”

Mr Azimitabar spent six years on Manus Island in Papua New Guinea after he travelled to Christmas Island by boat in 2013.

He was transferred to the Australian mainland for treatment of depression and post-traumatic stress disorder in November 2019.

Former Australian of the Year Grace Tame hugs Mostafa Azimitabar outside the Federal Court. Picture: Andrew Henshaw

For 14 months he was held in the Mantra Hotel in Preston and the Park Hotel in Carlton before he was granted a bridging visa and released into the community.

During his detention, he spent up to 23 hours a day locked in a room that was guarded by security.

In his lawsuit, Mr Azimitabar argued the government did not correctly use its power in designating places — such as hotels — as detention centres under the Migration Act.

Justice Murphy found the practice was lawful but said it was a matter of “ordinary human decency” that Mr Azimitabar should not have been detained in such conditions while suffering psychiatric illness.

A prominent refugee advocate and Archibald finalist, Mr Azimitabar was assisted by Amnesty International with his legal proceedings.

The plight of refugees at the Park Hotel made global headlines last year when Novak Djokovic was held there after being stripped of his entry visa due to his vaccination status.