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AAP
AAP
Kat Wong and Farid Farid

Indefinite detention 'not punitive': government lawyer

Solicitor-General Stephen Donaghue said deporting ASF17 to a third country had been investigated. (Luis Ascui/AAP PHOTOS)

An Iranian asylum seeker's indefinite detention is not punitive, Australia's solicitor-general has argued, because he would be freed if he co-operated with attempts to deport him to his home country, despite his fears of the death penalty. 

The detained 37-year-old man, known as ASF17, has taken his legal bid for freedom to the High Court in a case that could determine the fates of hundreds of immigrants and government policy.

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