Fewer than half freed detainees have ankle monitoring

New details of detainees released into the community have emerged after an Iranian man was denied a bid for freedom.

The High Court handed down a unanimous decision in the detainee case. Picture: NCA NewsWire/Martin Ollman

The Albanese government has fought off another legal challenge to indefinite detention that had threatened to free hundreds of non-citizens, amid revelations only half of the already freed immigration detainees were wearing ankle bracelets.

The High Court ruled that a ­bisexual Iranian man’s imprisonment was lawful, finding that there was a real prospect of ­removing him from Australia in the “reasonably foreseeable ­future” and he did not have a valid protection claim.

The man at the centre of the case, known as ASF17, has refused to co-operate with attempts to ­deport him to Iran, where he claims he would face persecution for being bisexual, a Christian and a Kurd, arguing that he should be released into the community.

The legal victory for Labor comes amid revelations only 76 of the 153 dangerous non-citizens released following a separate High Court ruling in November were wearing ankle bracelets.

The figures from last month’s Community Protection Board summary report show three fewer detainees are being electronically monitored than in March, when 79 were wearing the devices.

On Friday the court unanimously dismissed ASF17’s appeal, finding that his detention was necessary for the “purpose of ­removal” and therefore it was not punitive.

“ASF17 could be removed to Iran if he co-operated in the process of obtaining the requisite travel documents from Iranian authorities,” the judgment said.

“He has decided not to co-operate. He has the capacity to change his mind. He chooses not to do so.”

Immigration Minister Andrew Giles welcomed the decision that foreign nationals who refuse to co-operate in their removal can legally be held in detention until they are deported, using the court win to call on the Coalition to support legislation targeted at removing non-citizens. The judgment came before the government could rush amendments to the Migration Act through parliament that would allow Mr Giles to jail non-citizens who refuse to co-operate with attempts to deport them and ban visitors from entire countries. The legislation has been criticised by the Coalition and the Greens.

Immigration Minister Andrew Giles. Picture: NCA NewsWire/Martin Ollman

On Friday, Mr Giles said he agreed with Anthony Albanese that the decision to remove ankle monitoring requirements from Majid Jamshidi Doukoshkan, who was charged with bashing Perth grandmother Ninette ­Simons last month, was wrong. He had previously sought to pin the decision on a “delegate” in Australian Border Force based on advice of the Community Protection Board, which oversees the conditions placed on detainees.

Mr Giles did not acknowledge having any regrets about how the detainees had been managed when asked on Friday.

“I’m determined to do everything I can to ensure that the framework we have in place through visa conditions, through resourcing, through Operation AEGIS, which is, of course, the ABF, the AFP and the state and territory police forces working closely together, is continually improved,” he said.

Opposition immigration spokesman Dan Tehan said revelations only half of the detainees were being monitored were “alarming” and represented another broken promise to Australians that the NZYQ cohort would be monitored.

Australian Lawyers Alliance and barrister Greg Barns said that while ASF17 and others like him had not been found to be refugees they still faced dangers in their home country and it was “incumbent on the government to resettle these individuals in safe third countries”.

Lawyers for the commonwealth had argued that ASF17 had serious credibility issues and had given inconsistent evidence about his reasons for coming to Australia by illegal boat arrival more than a decade ago.