Detention instead of refuge
Iranian man released from Australian immigration detention
November 30, 2023, 9:39 a.m
An Iranian asylum seeker is released from immigration detention in Australia after more than ten years. He is said to have attempted suicide several times during his years in prison. An Australian judge finds drastic words for the case.
After more than ten years in immigration detention, an Iranian asylum seeker is released in Australia. The responsible federal court decided that the man’s indefinite detention was unlawful, the Australian news agency AAP reported, citing the judiciary.
“Over ten years ago I came to Australia seeking refuge from torture in my own country and instead I was tortured. I had no way to escape,” shared the man, who now legally changes his name to Ned Kelly Emeralds changed – based on the outlaw of the same name, who is a symbolic figure of resistance against authorities in Australia.
The Iranian’s case was the first to be heard since the Supreme Court ruled on November 8 that indefinite detention was unconstitutional. Following the verdict, more than 140 migrants had already been released from immigration detention – without additional court hearings. However, the Emeralds case has been making headlines for years – mainly because of the length of the prison sentence. He is said to have attempted suicide several times during his years in custody.
Iranian case “extremely disturbing”
Australia has an extremely strict immigration policy – and more than 30 years ago was the only country in the world to pass a controversial law: This stipulates that non-Australians without a valid visa who come to Australia on boats must be taken into custody. For some – like Emeralds – this is followed by a years-long legal odyssey. “Immigration detention is cruel. Violence is a constant, and solitary confinement and handcuffs are used routinely,” said human rights activist Sanmati Verma.
Judge Geoffrey Kennett described the case as “extremely disturbing” during the trial. He now found that Emerald’s detention violated the law because “there is no real prospect that his deportation will become feasible in the reasonably foreseeable future.”
A statement from Emerald said: “I could not go home (to Iran) and the government has decided not to release me. No one should be forced to choose between their life and their freedom.”