Alan Tudge engaged in ‘criminal’ conduct by unlawfully detaining asylum seeker
The Federal Court has found Acting Immigration Minister Alan Tudge stripped a man of his freedom when he kept him locked in a detention centre because he felt the tribunal that ordered his release had incorrectly applied the law.
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The Federal Court has sensationally accused a senior Morrison government minister of engaging in criminal conduct by unlawfully detaining an asylum seeker.
In a scathing decision, the court found Acting Immigration Minister Alan Tudge stripped a man of his freedom when he kept him locked in a detention centre for five days because he felt the tribunal which ordered his release had incorrectly applied the law.
Justice Geoffrey Flick said the minister — who rejects the claims — had “engaged in conduct which can only be described as criminal”.
Justice Flick said Mr Tudge could be exposed to both civil and potentially criminal sanctions for contempt of court and warned him that he “cannot place himself above the law”.
The court found the Administrative Appeals Tribunal had applied the law incorrectly in dealing with the case, but decided that the Afghan man could still keep the visa awarded to him.
The Herald Sun understands the 34-year-old citizen of Afghanistan (referred to as PDWL) arrived in Australia by boat in 2012 and applied for a safe haven enterprise visa in 2016.
His application was refused in late 2019 after PDWL was convicted of assaulting his friend during a drunken fight over a mobile phone in 2018.
The friend died after the fight, but the court found it was not clear if the injuries he inflicted were responsible for the death.
He was sentenced to one year and nine months in jail.
On March 11 this year, the Administrative Appeals Tribunal overturned the decision, finding PDWL presented no risk to the Australian community.
Mr Tudge immediately appealed the decision because he thought the law had not been applied correctly.
Despite being granted a visa, the asylum seeker was not released from the West Australian detention centre where he was being held for five days.
The Federal Court found the man remained in detention because “the minister did not like the tribunal’s decision”.
Mr Tudge rejected the claims of improper conduct and will consider appealing the judgment.
“The minister strongly rejects any suggestion of improper conduct in these proceedings,” his spokeswoman said.
“The minister is considering the reasons for the Court’s decision and options for an appeal. Therefore, it would not be appropriate to comment further.”
Justice Flick agreed the tribunal’s decision was wrong but slammed the minister failing to release the man immediately, despite an appeal being launched.
The judge said the minister still had not explained why the man was kept in detention for five days after the March 12 order to release him, calling his conduct “disgraceful”.
“The minister cannot place himself above the law,” the judge said.
“The minister has acted unlawfully.
“His actions have unlawfully deprived a person of his liberty.
“His conduct exposes him to both civil and potentially criminal sanctions, not limited to a proceeding for contempt.
“In the absence of explanation, the minister has engaged in conduct which can only be described as criminal.
“He has intentionally and without lawful authority been responsible for depriving a person of his liberty.”
Mr Tudge was made the acting Immigration Minister in December, with David Coleman on extended leave.
Labor MP Andrew Giles described the saga as “appalling”.
“This is appalling and troubling,” he said.
“The minister isn’t above the law and should start following it.”
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