An Iranian woman says her future in Australia has been “destroyed” after being told she could face deportation by the end of the year.
Mojgan Shamsalipoor, 24, has been living in Brisbane for the past nine months after being released from immigration detention.
Now her supporters are back to square-one in their fight for her freedom after the Department of Immigration gave Ms Shamsalipoor a “clear message” she has six months left in Australia before returning to Iran.
However, under an international agreement, Iran refuses to accept the involuntary return of asylum seekers.
Her lawyer Kevin Kardigamar said this could mean Ms Shamsalipoor could be sent back to indefinite detention.
Ms Shamsalipoor claimed she would risk torture or even death if she returned to Iran, and she has no intention of going back.
“For the Minister to fail to offer her certainty for her future, despite the groundswell of public support and most compelling reasons, shows total lack of compassion,” Mr Kardigamar said.
“We know that at least for now, Mojgan can continue her life in the community with her husband.
“It would be the ultimate cruelty for Mojgan to be returned to detention and the community expects better than that.”
The ABC has contacted Immigration Minister Peter Dutton’s office for comment and clarification as to whether Ms Shamsalipoor will be returned to detention.
‘They don’t look at our case individually or fairly’
In September last year, after almost two years in detention, including a period at Darwin’s Wickham Point Detention Centre, Ms Shamsalipoor was released back into the community.
Mr Dutton used his discretionary powers to issue Ms Shamsalipoor a temporary bridging visa.
It was renewed in March and she then applied for a partner visa.
The department has now rejected her application for partner visa and given her the six-month ultimatum.
Her husband Milad Jafari said the decision was unfair and did not take into consideration their “genuine case”.
“With no reason given they [The Department of Immigration] have destroyed our hope for our future with a very unfair decision,” he said.
“They don’t look at our case individually or fairly and a genuine case like ours is not a normal decision, but a political tool. The more they reject us … they’re shutting down their ears to hear our life story.”
Ms Shamsalipoor arrived in Australia via Christmas Island by boat in 2012 as a teenager.
She applied for refugee status and while it was being processed she was allowed to live in the community in Brisbane.
However, in 2015 the Refugee Review Tribunal decided that Ms Shamsalipoor’s case for asylum was not legitimate and she was taken back into detention in Brisbane, but was permitted to attend school.
Ms Shamsalipoor’s plight has garnered the support of many members of the Brisbane community.
Her strongest advocates have been her husband and the teachers and students at Yeronga State High School.
They mounted a campaign to get her out of immigration detention which included a protest rally through Brisbane’s South Bank.
Supporters ranged from a legion of schoolgirls to politicians who raised the case in state and federal parliaments.
The announcement about Ms Shamsalipoor’s future has prompted further support for the World Refugee Day rally in Brisbane’s CBD to be held this Saturday.
Ms Shamsalipoor and Mr Jafari, along with former teacher Jessica Walker, will be speaking at the rally.