Judge threatens Home Affairs Minister with contempt of court for delay in visa processing

A Federal Court justice has ordered Home Affairs Minister Peter Dutton to make a decision on a longstanding application for a protection visa by 26 June.

Updated 17/06/2020 by SBS News

A Federal Court judge has ordered Home Affairs Minister Peter Dutton to make a decision on a detained Iranian man's longstanding application for a protection visa or face the possibility of being found in contempt of court.

In a judgement published on Wednesday, Justice Geoffrey Flick said a decision in the man's case must be made by 26 June and said the Minister had acted "contrary to law" by failing to comply with an earlier ruling.

In an earlier, Justice Flick found Mr Dutton and acting Immigration Minister Alan Tudge had failed to make a decision on the man's Safe Haven Enterprise (Class XE) visa application "within and reasonable time".  The man, who arrived in Australia by boat seven years ago, was placed in immigration detention in December 2016 after his bridging visa was revoked. The same month he lodged his application for a protection visa.

In the earlier judgement, Justice Flick declined to make orders compelling Mr Dutton to resolve the application on the "expectation that a decision will shortly be made". 

Shortly after, however, lawyers acting on behalf of the applicant were informed that the government intended to appeal the judgement.

Justice Flick, in Wednesday's judgement, said the email showed the minister had "intentionally opted not to comply with the law".

"The stance of 'the Minister', expressed as it is, makes a mockery of any concept of the Minister acting as a model litigant," the judgement read.

If Mr Dutton did not comply with the new order he could be found guilty of contempt of court and possibly face fines or imprisonment, the judgement continued.

"There is no self-evident reason why even a Minister of the Crown should not comply with orders made by this Court and, if found guilty of contempt, liable to the same penalties as any other litigant," Justice Flick wrote.

"It is, to say the least, regrettable that those responsible for administering the Migration Act in accordance with the law have deliberately decided to administer that legislation in a manner contrary to law."

Mr Dutton's office has been contacted for comment.   

Source: SBS