Immigration detention farce continues as people smuggler is freed along with woman basher who doused his victim’s bedroom in petrol

A convicted human smuggler and a violent domestic abuser have become the latest immigrants released from detention.

The Iranian men, known only as Adam and David, were released on February 28 after the Supreme Court ruled in November that indefinite detention was unlawful.

Since the ruling, more than 150 immigrants have been released back into the community. The group includes murderers, pedophiles and violent offenders.

David had spent five years in immigration detention for breaching a domestic violence order by attacking his ex-partner with a knife, a wooden plank and a pillow.

Adam was released despite being sentenced to seven years in prison for human smuggling in 2015.

Both had refused to cooperate in efforts to return them to Iran, fearing they would be persecuted for their Christian beliefs.

The ruling by the Federal Circuit and Family Court of Australia found that David came to Australia illegally on a boat and had his visa revoked after the DV attack.

He was convicted of false imprisonment, three counts of assault with a weapon, uttering a threat to kill and unlawful assault, and was placed under a family violence order.

David violated the order when he “entered the victim’s locked home, doused the bedroom with gasoline and physically and sexually assaulted her.”

He spent 30 days in jail before his visa was revoked and taken to immigration detention, where he was physically and sexually abused.

He would subsequently refuse any attempt to obtain relevant travel documents and return to Iran, arguing that the country would not accept him and that he is stateless.

David also fears he could be sentenced to 11 years in prison in Iran after being convicted of ‘insulting the Iranian authorities and acting contrary to Iran’s national security and for his membership of enemy groups’.

Judge Amanda Mansini said the court was bound by the November Supreme Court ruling and that David was not “lawfully detained and has the right to be released immediately.”

“This form of relief is not final because it does not entitle David to indefinite freedom to live in the Australian community,” Judge Mansini said.

The other man, Adam, had spent two and a half years of his seven-year sentence for human trafficking when he was released.

Both were released on the pretext of a Supreme Court ruling (pictured) declaring indefinite detention unlawful, resulting in the release of 153 non-citizens from detention

Before his conviction, he had lived in Australia for several years on a refugee visa, having registered with the UN in Indonesia in 2001.

Adam was identified by an Administrative Appeals Tribunal in June last year as a key organizer of a people smuggling operation involving twelve people.

An additional month was added to his sentence for one charge of ‘assault in company’ before he was transferred to immigration detention.

The court ruled that Adam was likely owed protection by Australia, but no formal ruling was made on his immigration case.

It was also determined that he could not be returned to the country because he is part of the Mandean minority, a persecuted Christian group in Iran.

The Commonwealth said both men should not be held to the Supreme Court’s previous ruling on NZYQ because they were not part of the affected group of detainees.

It was alleged that the men did not cooperate with officials to return to their countries of origin, while other released prisoners could not be deported even with cooperation.