"Lawyers for an Iranian refugee Australia wants to deport to Nauru say there is a real risk he will die there, setting the stage for a showdown against the federal government's $2.5bn NZYQ deal. The case surrounding the Iranian refugee, known as TXCM, who was granted a 30-year visa for Nauru in February and subsequently placed back into immigration detention after being freed by the 2023 high court ruling, was heard in the high court on Tuesday."
"TCXM was one of more than 350 non-citizens released from indefinite detention in 2023 after the high court ruled in favour of a stateless Rohingya man known as NZYQ. The chief justice, Stephen Gaegler, said the man's indefinite detention was unlawful because there was no real prospect of his removal from Australia becoming practicable in the reasonably foreseeable future. TCXM arrived in Australia in 1990 and was granted a protection visa five years later."
The High Court heard an appeal from lawyers for an Iranian refugee, TCXM, who faces deportation to Nauru after receiving a 30-year Nauru visa in February and being returned to immigration detention. The legal team argues Nauru's medical facilities cannot adequately manage his severe asthma and that deportation could cause imminent, preventable death because of his age and the island's climate. Commonwealth lawyers maintain officials are obliged to remove non-citizens on a removal pathway, citing a 2003 ruling that removal is required even if death is virtually certain. TCXM arrived in 1990, gained a protection visa in 1995, was convicted of murder in 1999, had his visa cancelled in 2015, and was released from indefinite detention after the 2023 High Court ruling that freed more than 350 non-citizens.
Read at www.theguardian.com
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