Ned Kelly Emeralds free after 11 years of immigration detention
Ned Kelly Emeralds, an Iranian man who has been detained for over a decade while seeking asylum, has won his challenge against his ongoing detention. Ned’s case is the first to be heard since the High Court recently ruled that indefinite detention was unlawful.
Ned arrived in Australia by boat in 2013 and has been detained since that time. In 2021, the Federal Court ruled that Ned was to be placed in ‘home detention’ in Perth, in the home of his close friends, until the Commonwealth resolved his status. At the last minute, former Minister Karen Andrews exercised her personal powers to prevent him from being removed from Australia or housed with his friends.
Three weeks ago, in the landmark case of NZYQ, the High Court ruled that it is unlawful and unconstitutional for the Australian Government to detain people indefinitely in immigration detention. In response, the Albanese government rushed through legislation to impose draconian visa conditions under the threat of criminal sanctions on people who were released. Despite the High Court's decision, the Government did not release Ned, who was forced to bring an urgent legal application.
Ned was detained while his Protection visa application was processed; he has not had a visa cancelled, nor been sentenced for a crime. Like many others, Ned’s case highlights the Australian Government’s deliberate and punitive warehousing of people in immigration detention because of their visa status.
Ned is represented by the Human Rights Law Centre.
Ned Kelly Emeralds said:
“Tonight I will sleep in my own bed. When I wake tomorrow, I will be able to decide where I go, what I do, who I see. This is basic freedom, it is something you and I share. I haven’t had this for over ten years.”
“Over ten years ago, I came to Australia to seek protection from torture in my country, and instead I was tortured. I had no way to escape. I could not go home, and the government chose not to release me. Nobody should be asked to choose between their life and their freedom. What happened to me should not have happened, and it should not happen to anyone else.”
Sanmati Verma, Managing Lawyer at the Human Rights Law Centre, said:
"Immigration detention is a cruel place. Violence is constant. Solitary confinement and handcuffsare routinely used. People are segregated from their families and communities and left to suffer medical neglect. Even visits involve a long, bureaucratic process and can be cancelled without notice. Indefinite detention means subjecting people to these experiences day after day, year after year, without end in sight.”
“People like Ned who are now walking free from their indefinite detention have survived these experiences. They have had years of their lives taken from them, just because of their visa status. They deserve unconditional support to rebuild their lives.”
Media contact:
Michelle Bennett, Engagement Director, 0419 100 519, michelle.bennett@hrlc.org.au