The minister for immigration, Andrew Giles, attended a briefing with the commonwealth solicitor general in relation to ‘risks associated with long-term detention’.The minister for immigration, Andrew Giles, attended a briefing with the commonwealth solicitor general in relation to ‘risks associated with long-term detention’.
In a section titled “third country options”, the department noted the AJL20 high court decision in 2021 had “only reduced some of the legal risk” associated with failing to deport a non-citizen “as soon as reasonably practicable”. The department said that in response to “increased risks associated with cases where is obliged to pursue third country options” it created a new body in the department which “is currently identifying and reviewing all cases” that may engage Australia’s protection obligations “to explore third country options”.
The high court found that NZYQ “had a well-founded fear of persecution” such that he could not be deported to Myanmar, meaning he was likely among the cohort identified by the department as requiring third-country resettlement. Despite the concession it was not likely NZYQ could be deported, the Australian government approached Bangladesh, Saudi Arabia and the Five Eyes allies from July to September to resettle him.
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