Australia’s national interest must be weighed when deporting refugees, court tells government

Judge sets aside Alan Tudge decision on Afghan man’s visa for failing to consider full consequences of breaching international obligations.

Paul Karp @Paul_Karp Mon 4 Jan 2021

  

The Morrison government has been warned it must consider the impact on Australia’s national interest of sending refugees back to their country of persecution after losing its bid to deport a convicted child sex offender. Last year the then-acting immigration minister, Alan Tudge, refused an Afghan man a safe haven enterprise visa on character grounds, despite acknowledging the risk he could be killed by the Taliban in Afghanistan.  But the federal court has set aside Tudge’s decision, ruling he failed to take into account the full ramifications of Australia breaching its international nonrefoulement obligations...........Tudge has appealed against that decision, in which Justice Geoffrey Flick said he had placed himself above the law and “engaged in conduct which can only be described as criminal”..........More Here....

 

My Take - So, let me see if I understand this line of thinking.  

 

Vile immigrants who commit vile crimes against their host country's citizens can't be deported because they were vile in their country of origin, and may have to face the consequences of their vileness.  So the host country now has to forever support these creatures in some way.  

 

Did I miss something?

Editor's Note:  This appeared in the John Ray's blog, THE PSYCHOLOGIST, on Thursday, 1/7/21 with his comment: 

 

Judge says he is a better judge of Australia's national interest than our elected representatives are.  Under international human rights law, the principle of non-refoulement guarantees that no one should be re-turned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.  But breaches of international law are common and this particular one would be unlikely to generate much angst anywhere.  In any case the application of any law will be decided in conjunction with the particulars of the case so the outcome is never automatic.