An Afghan refugee “desperately” worried for his family’s safety at home has been granted mediation by the Federal Circuit Court to determine his removal to another country.
The man is separately applying through the Federal Court for an emergency visa to rescue his immediate family due to the deteriorating security situation in Afghanistan, according to court documents.
His lawyer Daniel Taylor asked the judge to expedite the mediation process with the federal government given the urgency of the situation his family faces.
“It’s extraordinarily desperate,” Mr Taylor told the Federal Circuit Court on Tuesday.
Mr Taylor told AAP his family faced a “life or death situation to get out”.
Judge Rolf Driver made orders that the man, who has been detained by Australian authorities for eight years, no longer needed to be held in Australia for temporary purposes.
But the judge dismissed claims that his detention was unlawful, and that he should be released under habeas corpus.
The mediation process will determine another regional processing country he can be removed too, and when this will occur.
The man was granted refugee status in Papua New Guinea in 2015 after arriving at Christmas Island by boat in 2013, according to court documents.
He was first taken to Manus Island for offshore processing but has since been transferred to Australia in 2019 following serious medical concerns including chronic dental issues.
Neurologist Robert Henderson’s report this year states that his ongoing headaches are unlikely to resolve in the circumstances of his detention.
Mr Taylor on Tuesday asked the matter be transferred to the Federal Court where the application to provide assistance for the family to “escape from Afghanistan,” is being processed.
“The issue relating to the applicant’s family is extraordinarily relevant to the issue relating to the applicant and his status.”
That separate matter before Justice Tom Thawley continues.