Mostafa Azimitabar (MOZ) Is Suing the Australian Government for Violating His Fundamental Human rights – Show Your Support For MOZ By Attending his Court Case on 19 July 2022.
BACKGROUND
On 14 April 2021, Mostafa Azimitabar (Moz) commenced legal proceedings against the Commonwealth Government of Australia in the Federal Court of Australia challenging the lawfulness of the hotel detention regime provided for in the Migration Act, 1958 (Cth) (MA).
The legal aspects of the proceedings have now been set down for a hearing before Justice Murphy in the Victorian Federal Court. The hearing will take place over three days, from 19 to 20 July 2022. During these two days, Justice Murphy will hear from the parties on the legal argument as to whether the MA properly provides for the power to detain non-citizens in APODs, including through the hotel detention regime. Moz’s legal team, Ms Lisa de Ferrari SC and Jim Hartley of Counsel and Marque Lawyers will be arguing that Moz’s detention at the Mantra Bell City Hotel and the Park Hotel was illegal, as the government has failed to properly legislate the power to detain non-citizens in APODs under the MA.
VERDICT TIMELINE
It is very unlikely that we will receive the judgement immediately at the end of the hearing in July. Justice Murphy will likely reserve judgement and go away with the parties’ written submissions and consider the oral arguments which took place during the hearing. It is hard to predict how long a judge will take to write up and release a judgement (turnaround times can depend on the judge’s caseload etc). Turnaround time can be anywhere between six weeks and six months. In this sort of case where the 19-20 July hearing will be dealing with legal issues as to liability only, it is possible that a judgement could be handed down quicker and we would be hoping to receive a judgement within three months.
HOW YOU CAN HELP
We would like you to go to the steps of the Victorian Federal Court on the morning of day one of the trial and join Amnesty International staff to show solidarity for Moz. If you have any questions about this event or where to meet please email: vicrefugeenetwork@amnesty.org.au.
