Non-citizen Andrew Giles wanted to be ‘rid of’ cannot be deported, court rules

Exclusive: Safwat Abdel-Hady may now be able to pursue damages for false imprisonment after court found his detention was not authorised by Migration Act

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A non-citizen convicted of offences related to alleged drink-spiking who Andrew Giles said he wanted to be rid of" has had a major win in court, with the commonwealth conceding he cannot be deported.

On Tuesday the federal circuit court made declarations that there was no real prospect of removal" of businessman Safwat Abdel-Hady currently or in the period 28 July 2022 to 13 February 2024 and his detention was not authorised by the Migration Act for those 18 months.

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