🚨HOPE for Australian Immigration Detainees after men FREED under centuries-old legal principle

⚖️“The courts are starting to say, 'u can’t take someone who HASNT DONE ANYTHING WRONG & then LOCK THEM UP & then do nothing with them.”

Farhad Bandesh is now a FREE MAN, but

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up until last week the 39yo was detained with about 60 others at the Mantra Hotel in Melbourne.

Mr Bandesh was among 5 Asylum Seekers RELEASED last week with the assistance of migration agent Noeline Harendran & lawyer Daniel Taylor.
@FarhadBandesh
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Farhad Bandesh was given a Temporary Bridging Visa.

The visas were granted following a MAJOR Federal Court ruling in September that used the centuries-old legal principle of habeas corpus, which Ms Harendran said impacted the applications they were preparing.

In Sept,

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the case of AJL20 🆚 The Commonwealth was decided in the Federal Court. It concerned Ahmed Mahmoud, a 26yo from Syria who came to Australia as a child & had been detained for 6 years.

For the FIRST time in modern Legal History, the court accepted habeas corpus - which is

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used to rule on whether the detention of a person by the state IS UNLAWFUL - & used it to scrutinise the Government’s decisions.

The judge found Mr Mahmoud WAS UNLAWFULLY DETAINED because the Department of Home Affairs had FAILED to make arrangements for his deportation

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to Syria, which was the primary purpose of his period of detention.

Mr Mahmoud is NOW FREE & has been reunited with his partner.

Mr Mahmoud’s lawyer Alison Battisson said the LACK of PROGRESS for those in Immigration Detention is a SYMPTOM of the system & it essentially

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“warehouses” detainees.

“I've DISCOVERED people through Freedom of Information that NOTHING has happened on their case for 6 years,” Ms Battisson stated.

Mr Mahmoud’s case was SIGNIFICANT because it showed the courts could HOLD the Department of Home Affairs TO ACCOUNT

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when it did NOT fulfil its obligations, she said.

“As of today u HAVE TO Pursue a Purpose. & if you’re not [pursuing a purpose] u HAVE TO Release.”
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The Commonwealth Government is now APPEALING the DECISION at the REQUEST of the Attorney-General & it

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will be heard in the High Court in March.
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7 Detainees have so far been released after 2 more men were released from detention on Thursday.
All had habeas corpus applications underway.

“Its a great relief for the people who've been released but there

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is still a LARGE NUMBER OF PEOPLE IN DETENTION, who ultimately NEED FREEDOM,” lawyer Mr Taylor said.
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