The High Court is hearing another high-stakes immigration case. Can people be forced to assist in their own deportation?

By Sara Dehm, Senior lecturer, international migration and refugee law, University of Technology Sydney
Anthea Vogl, Associate professor, law, University of Technology Sydney

Starting today, the High Court will hear a case to decide if the government’s indefinite detention of a bisexual Iranian man is lawful, partly because he is unwilling to voluntarily assist with the government’s attempts to deport him.

While the case turns on a narrow question of Australian constitutional law, it also raises urgent concerns about the human consequences of a flawed and discriminatory “fast-track” legal process for determining the status of asylum seekers who arrive by boat.

The case is tied to widely criticised immigration…

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