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The Guardian - AU
The Guardian - AU
National
Paul Karp

Labor’s refusal to grant visa to people smuggler challenged in high court

Clare O'Neil
Home affairs minister Clare O'Neil denies acting for a ‘punitive’ purpose in denying a convicted people smuggler a protection visa. Photograph: Darren England/AAP

The new home affairs minister’s decision to refuse a convicted people smuggler a protection visa has prompted a high court challenge in a test case for whether Australia’s policy of deterrence is “punitive”.

The plaintiff is an Iranian Christian man to whom Australia owes protection obligations due to his fear of religious persecution but both Peter Dutton and Clare O’Neil denied him a visa on the grounds that granting one would be against the national interest.

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