Federal Court dismisses refugee’s appeal against hotel detention judgment

The Federal Court has upheld a ruling that the detention of refugees in two Melbourne hotels was lawful despite lacking “humanity”.

Kurdish-Iranian refugee Mostafa ‘Moz’ Azimitabar outside the Federal Court in Melbourne. Picture: Andrew Henshaw

A refugee detained in Melbourne hotels used as makeshift detention centres has lost an appeal against a court decision which found the practice was legal despite lacking “humanity”.

The Federal Court last year ruled the detainment of Kurdish-Iranian refugee Mostafa “Moz” Azimitabar, 37, at the Mantra Hotel in Preston and the Park Hotel in Carlton for 14 months was lawful.

Mr Azimitabar tried to overturn the decision but on Friday, the full bench of the Federal Court upheld the original judgement and dismissed his appeal.

In a statement, Mr Azimitabar said he would consider mounting a High Court challenge.

“The Federal Court judges today ruled that because of the way it was written by politicians, the Migration Act ‘implies’ the government had the power to lock me inside a tiny hotel room for 15 months. My legal team and I believe that this is wrong,” he said.

“If the legal system cannot provide justice for me and protection for future refugees because it is bound by inhumane laws, we will continue our work to overturn these inhumane laws.”

Mostafa “Moz” Azimitabar and Sally Rugg outside the Federal Court in Melbourne last year. Picture: Andrew Henshaw

Mr Azimitabar’s lawyers argued the wording of the Migration Act did not empower the federal government to establish alternate places of detention.

But the appeal judges upheld the original ruling of Justice Bernard Murphy which found the government had an “implied power” to approve de facto immigration detention centres.

They also ordered Mr Azimitabar pay the Commonwealth’s costs.

In a scathing judgement, Justice Murphy criticised the practice of hotel detention saying his decision was not an endorsement.

“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.”

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, where he was held in hotels for 14 months 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.

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 in 2022 when Novak Djokovic was held there after being stripped of his entry visa due to his Covid-19 vaccination status.