The asylum seeker, who changed his name to Ned Kelly as an act of dissidence, has been in immigration detention since fleeing Iran in 2013.
In August 2021, Iranian asylum seeker Ned Kelly Emeralds waited at a bus stop outside the Perth Immigration Detention Centre, the meagre possessions he had collected during eight years in onshore detention bundled in a small bag.
Diagnosed with psychogenic mutism following a suicide attempt and complex post-traumatic stress disorder, Emeralds has experienced anorexia, engaged in a hunger strike, and made multiple suicide attempts.The order by Federal Court judge Darryl Rangiah in 2021 said that because of Emeralds’ long detention in Australia, the grievous impact of his detainment, and the unclear status of his future, he should wait in the community rather than in custody while authorities decided if he could leave.
Rangiah decided such an order is within the Federal Court’s power, but the government appealed to the full Federal Court and won. The saga followed a pattern of battles the government has had with the Federal Court over the extent to which both institutions can impact the lives of those held in immigration detention.blasted Morrison government acting immigration minister Alan Tudge
Dehm said larger systemic reform was needed to limit the power a minister had to keep a person indefinitely in immigration detention, or to use detention as punishment. “Ned’s case actually represents the total dysfunction of Australia’s asylum regime, extending from the arbitrary ‘regional processing’ arrangements, the unfair ‘fast-track’ procedures, to the continuing indefinite detention of people seeking asylum,” said Sanmati Verma, managing lawyer at the Human Rights Law Centre, which is representing Emeralds.The Home Affairs Department said it did not comment on individual cases for privacy reasons.
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