The High Court is set to rule on a case involving an Iranian man seeking asylum in Australia who is arguing his life may be in danger if he is deported back to his home country.
The outcome of the case could have significant impacts on hundreds of people currently in detention facing deportation leading to them being released to live in the community.
The man, who is referred to as ASF17 in court documents, is a bisexual man who is refusing to be deported to Iran where sex between men is ilegal and those convicted of the crime face the death penalty.
ASF17 arrived by boat to Australia as an asylum seeker, but authorities say he only raised the issue of his sexuality after moves began to remove him from Australia.
The Solicitor General, Stephen Donaghue, who represents the government in the case has warned that a decision in the applicant’s favour would see asylum seekers having a “constitutional right” to be released from detention, even if their fears are not well founded.
The court is expected to hand down it’s ruling on Thursday morning.
