A federal circuit court judge has ordered Australia's home affairs minister into mediation with an Afghan refugee who assisted coalition forces during the conflict in Afghanistan and has been held in detention for eight years. The man, identified only as 'F' in court documents, is being held in a Melbourne hotel and fears for his wife and four children as the Taliban advances across Afghanistan.
Judge Rolf Driver ruled on Tuesday that the man 'is a refugee and requires resettlement'. He ordered mediation between F and the minister regarding his ongoing detention, which F says is hindering his efforts to rescue his family. F has repeatedly requested to be returned to Papua New Guinea, where he could apply for family reunification, work to raise funds for their escape, or seek evacuation assistance from the US embassy.
F, a member of an ethnic minority, was recruited to an Afghan government security agency at age 17 and worked alongside US forces as a driver and scout. He fled to Australia by boat in 2013 after the Taliban attacked him, threw grenades into his home, and sent death threats due to his work with the Afghan government and coalition forces. More than ten of his family members have been killed by the Taliban.
In an email read in court, F pleaded: 'Every day Afghanistan is getting worse... My family is in a dangerous place and I need help now please. If you wait I will lose my family.' He spent nearly six years on Manus Island and in Port Moresby under Australia's offshore processing regime before being brought to Australia in 2019 for medical treatment under the now-repealed medevac laws.
Judge Driver found that F should not be in detention or in Australia, noting that he was free in Papua New Guinea prior to his transfer. The judge ordered mediation on F's removal from detention and return to PNG, but declined to rule his current detention unlawful, stating it was justifiable to ensure his availability for removal. F's lawyer requested expedited mediation due to the rapidly deteriorating security situation in Afghanistan.
