Lawyers for Abdul, a 29-year-old Hazara man, have launched a legal bid to prevent his imminent deportation to Nauru, challenging the constitutionality of Australia's $2.5 billion deal with the Pacific island nation. The case, filed in federal court on Tuesday, highlights allegations that Abdul was groomed and sexually abused by a carer while in Australia as a minor.
Background of the Case
Abdul arrived in Australia from Afghanistan in 2013 at age 16 and was placed in community care after his mother's death on Christmas Island. According to a redacted Administrative Appeals Tribunal (AAT) decision from May 2023, Abdul accused his carer of grooming and sexually abusing him within six months. He later married the carer in an Islamic ceremony just before his 18th birthday. In 2017, Abdul confronted the carer, leading to an apprehended violence order against him. He was convicted of two counts of rape against the carer and one count of breaking and entering, receiving a four-and-a-half-year prison sentence.
Visa Cancellation and Legal Challenges
Non-citizens sentenced to 12 months or more in prison face automatic visa cancellation. However, the AAT set aside Abdul's cancellation in May 2023, citing systemic failures that contributed to his abuse. Despite this, Abdul remained in indefinite detention until June 2024, when he was issued a temporary visa pending removal. In late 2024, the Albanese government passed laws allowing non-citizens who cannot be deported to their home countries to be sent to third countries like Nauru.
Abdul was re-detained in May by border force officers and placed in immigration detention awaiting deportation. His lawyer, Alison Battisson, called the case "extraordinary and deeply troubling," arguing that the government failed in its duty to protect him as a minor. "Deporting Abdul to Nauru is not just harsh — it is indefensible. It risks condemning a deeply vulnerable person to indefinite detention with no pathway forward," she said.
Political and Human Rights Reactions
The case has drawn criticism from Greens Senator David Shoebridge, who described it as a "story of failure and cruelty." He accused major parties of dehumanizing asylum seekers. The legal challenge follows a recent High Court dismissal of a similar case by an Iranian man, TCXM, who was deported to Nauru for 30 years. Guardian Australia reports that at least nine non-citizens have been sent to Nauru under the deal, with more awaiting deportation.
- Abdul's case raises profound legal and moral concerns about Australia's immigration policies.
- The government's $2.5bn deal with Nauru faces increasing scrutiny from human rights advocates.
- Multiple missed opportunities to protect Abdul as a minor are highlighted by his legal team.
Battisson emphasized that the government's failures cannot be erased by offshore deportation. The case continues in federal court, with Abdul remaining in detention until a final decision.
