Immigration Minister Alan Tudge accused of criminal conduct by Federal Court over detention case
The acting Immigration Minister has been accused of criminal conduct and unlawfully detaining an asylum seeker in a Federal Court judgment.
Acting Immigration Minister Alan Tudge has been accused of criminal conduct in a damning Federal Court judgment finding he unlawfully detained an asylum seeker.
A 34 year-old immigrant from Afghanistan — known only as PDWL — was kept in immigration detention for five days despite an Administrative Appeals Tribunal granting him a visa, because Mr Tudge did not consider the AAT ruling to correctly apply the law.
On Wednesday, Justice Geoffrey Flick found the AAT ruling on the man’s visa was incorrect but that Mr Tudge should not have detained him either way. Mr Tudge had deprived someone of their liberty and acted unlawfully, Justice Flick said.
“The minister cannot place himself above the law,” he said.
“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.”
It is understood PDWL arrived to Australia by boat in 2012 and applied for a safe-haven visa last year.
His application was refused because he had been convicted of assault in 2018 and imprisoned for a year and nine months. He was sent to a Western Australian detention centre.
On March 11 this year, the AAT found PDWL was no risk to the community and ruled he should be released, but Mr Tudge did not let him go for five days due to concerns over the ruling.
A spokeswoman for Mr Tudge said he denied any wrongdoing and he would consider an appeal.
“The minister strongly rejects any suggestion of improper conduct in these proceedings,” she 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.”
Mr Tudge — who is also Cities Minister — is acting for Immigration Minister David Coleman, who has taken a long period of personal leave.
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