The High Court has upheld a decision by immigration authorities to cancel a South Sudanese refugee’s humanitarian visa, despite fears he could be killed if sent back.
His global special humanitarian visa was revoked in 2017 after he was convicted of assault in Victoria.
He is now on Christmas Island seeking to avoid deportation
His lawyers argued he should not be sent back to South Sudan because he belongs to a minority tribe that killed his father and he would be tortured or killed if he had to return.
Australia has international obligations not to endanger refugees by sending them back to countries where they could face persecution, torture or death.
Despite the refugee’s appeals, in 2018 immigration authorities refused to revoke his visa cancellation.
They ruled that he could apply for a protection visa, at which time Australia’s international obligations to refugees could be fully considered.
In a judgment on Wednesday, the High Court found immigration authorities had evaluated the refugee’s concerns about being sent back to South Sudan and he had not been denied procedural fairness.
