Iranian with ‘pages’ of criminal history uses NZYQ to walk free

An Iranian man who led police on a car chase and allegedly punched a police dog has used the NZYQ ruling to walk free from immigration detention.

Immigration Minister Tony Burke. Picture: NewsWire / Martin Ollman

An Iranian who led police on a car chase and allegedly punched a police dog has used the NZYQ ruling to walk free from immigration detention, with the federal government forced to pay his costs amid a wave of unlawful ­imprisonment claims.

Former immigration minister Andrew Giles granted the man, known as GPBL, a protection visa in March, only days before his case was due to be heard. GPBL’s lawyers argued that he should be “released from detention on a bridging visa” because of the High Court decision in NZYQ.

GPBL, who has a criminal history which “goes for many pages” including assault, drug and weapon offences, said his detention was unlawful because of the landmark High Court decision in ­November.

The High Court found that ­indefinitely detaining a non-citizen who had no prospect of being returned to their homeland in the foreseeable future was unconstitutional.

GPBL was not released ­following the November decision because he had a pending ­application for a protection visa, but his lawyers said he should still be captured by the NZYQ ­ruling.

The revelation that another foreign criminal secured his freedom under the NZYQ ruling came at the same time as the ­nation’s highest court agreed to hear what could be another landmark case concerning two ­detainees who were convicted for drug offences.

The development sets up a ­potential legal showdown for newly appointed Immigration Minister Tony Burke as the Albanese government responds to a wave of legal challenges stemming from the November ruling.

On Wednesday, High Court Chief Justice Stephen Gageler granted the commonwealth’s ­application to hear arguments from a Polish drug trafficker, known as CZA19, and Vietnamese drug offender, DBD24, rather than have the matters continue in the Federal Court. Both drug ­offenders have argued their ­detention was unlawful.

Chief Justice Gageler said the case of DBD24, who remains in detention, should be heard “the sooner the better” since the matter had been elevated to the High Court by the government as a “test case”.

The application from the commonwealth to elevate both the DBD24 and CZA19 cases is seen as a legal gamble to stem a wave of constitutional challenges to immigration detention resulting from the NZYQ decision.

Meanwhile, Federal Court judge Craig Colvin ruled on Tuesday that the federal government should pay GPBL’s costs.

“In the circumstances I have outlined, I am satisfied that there should be an order that the ­respondents pay the costs of the applicant of and incidental to the proceedings up to and including 21 March 2024 and the costs of the interlocutory application seeking those costs,” Justice Colvin said.

GPBL, who came to Australia when he was five years old, had his visa application rejected after the government decided that he met the criteria of a refugee but had been “convicted of a particularly serious crime and he was a danger to the community”.

The Administrative Appeals Tribunal overturned the minister’s decision in October, with senior member Rebecca Bellamy reasoning that despite GPBL’s criminal history she did not consider him a “danger to the Australian community”.

Ms Bellamy referred the visa decision back to the department. But GPBL’s lawyers argued that the government had taken too long to consider his application.

GPBL has admitted to being a “hoon driver”, and had been a ­victim of stabbing and a violent home invasion after which he ­became dependent on pre­scription drugs and meth­amphetamine.

In 2015, he led authorities on a car chase which ended when his vehicle collided with a police car. The police allege he punched a police dog, with officers finding drugs and a sawn-off shotgun in the passenger seat.

Mr Burke’s office was contacted for comment.