Labor’s refusal to grant visa to people smuggler challenged in high court

Man's lawyers claim Clare O'Neil's decision is unconstitutional and ask for him to be released from detention

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The new home affairs minister's decision to refuse a convicted people smuggler a protection visa has prompted a high court challenge in a test case for whether Australia's policy of deterrence is punitive".

The plaintiff is an Iranian Christian man to whom Australia owes protection obligations due to his fear of religious persecution but both Peter Dutton and Clare O'Neil denied him a visa on the grounds that granting one would be against the national interest.

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