Chief Justice Mortimer ruled the Somali man, anonymised as BOE21, would have to wait for his case to be heard, rejecting his legal bid that his case should be expedited on the grounds that his visa conditions were a form of imprisonment because the argument was a key pillar of YBFZ.
BOE21 – who struck the victim, his former partner’s mother, in the head several times and was convicted of breaching a domestic violence order in April 2016 – was released from immigration detention in March.
“The argument that a person subject to the impugned conditions remains in the custody of the commonwealth by reason of the curfew condition is also a matter that will be agitated in YBFZ,” Chief Justice Mortimer said.
The decision also paused the bid by a Polish convicted drug trafficker, who filed a protection claim arguing that the “Grypser” crime gang and former communist party figures had threatened him, to have his visa conditions lifted after he was released from immigration detention in May.
A Vietnamese national, known as DBD24, who was convicted of an unspecified crime and is fighting for his release from immigration detention, has also had his case put on hold.
Of the 25 cases to be examined by the panel, 17 challenges remain before the court after judgments were delivered in three, including two where the non-citizens were ordered to be released, and five cases were withdrawn following an agreement from the parties.
Eight of the matters still before the court were filed as wrongful imprisonment cases, while the other nine applicants have been released from immigration detention and are progressing a claim for damages.
https://www.theaustralian.com.au/nation/politics/federal-court-convenes-crisis-p...A convicted Polish drug smuggler has used the landmark NZYQ High Court ruling to walk free from immigration detention, in a legal challenge that signals the arrival of a wave of damages claims for unlawful imprisonment.
The man, who was sentenced to a decade in prison for his role in a drug-smuggling scheme, was granted a bridging visa by a delegate of Immigration Minister Andrew Giles and quietly released into the community last month.
The Polish citizen, known as CZA19, has previously applied for a protection visa arguing that he would be a target for “organised crime figures” if returned to his home country.
Despite his visa application being rejected after he took legal action to compel the government to make a decision, The Australian understands
CZA19 is still owed protection and cannot be returned to Poland.So now we owe protection to drug smugglers who are citizens of the EU and NATO member states as well.
Madness.
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