He was subsequently convicted of multiple assaults and subjected to an apprehended violence order.
Courts found that he could not be deported to Austria following the legal decision because his blood clotting condition rendered him medically unfit to travel by any commercial aeroplane, meaning there was no reasonable prospect of his removal.
The High Court of Australia has now ruled that Safwat Abdel-Hady can sue the Australian government for false imprisonment for keeping him in immigration detention awaiting deportation, a decision which opens the door to tens of millions of dollars in compensation claims arising from the ''NZYQ Cohort'' of convicted criminals who were in turn kept in immigration detention while awaiting deportation.
The High Court of Australia ruled in the ''NZYQ Case'' that foreign non-citizens convicted of crimes like rape, murder and pedophilia could not be held in indefinite immigration detention while awaiting deportation because the indefinite detention violated the Australian Constitution in the sense that it was ''punitive'' and ''beyond legislative power.''
As non-citizens, they were slated for deportation at the end of their prison terms but could not be deported due to a mixture of fake asylum claims, medical conditions which apparently precluded deportation, the prospect they could face the death penalty in their home countries, and so on. So the Australian government kept them in indefinite immigration detention for community safety.
The High Court of Australia ruled in NZYQ v Minister for Immigration that these people could not be held in immigration detention where there’s no real prospect of deportation due to fake asylum claims, medical conditions which apparently preclude deportation, the prospect they could face the death penalty in their home countries, and so on. So they were all released.
Here’s a breakdown of their convictions prior to their release onto the streets of Australia:
- Murder or attempted murder: 7 -
Sexual offending (incl. child sex offences): 37
- Assault/violent offending, kidnapping, armed robbery: 72
- Domestic violence & stalking: 16
- Serious drug offending: 13
Within weeks of the release, multiple members of the NZYQ cohort reoffended with new rape offences.
In all, 104 of the 300 released men ultimately reoffended - 21 breaching visa conditions plus committing an offence, 83 charged with state or territory criminal offences, including the alleged bashing and robbery of 73-year-old cancer ridden Perth grandmother Ninette Simons.
One former detainee, a Sudanese born man named Masi Ayiik, was shot by Victorian police after allegedly running at them with a metal pole in Melbourne's southeast. He was in the community on five counts of bail and had allegedly breached visa conditions twice, having originally faced deportation for serious criminal offences.
The Human Rights Law Centre (HRLC) and major corporate law firm Allens performed millions of dollars in pro bono legal work to free these foreign child sex offenders, rapists and murderers and put them back on our streets to commit new heinous criminal offences. What noble work. What a beautiful use of their limited valuable time.
A High Court judgment summary ultimately confirmed that the lead plaintiff in the NZYQ case (a stateless Rohingya refugee) had a child sexual offence conviction; the court held his ongoing detention was unconstitutional because removal wasn’t reasonably foreseeable given the prospect that he would be persecuted as a Rohingya in Myanmar. That ruling prompted the wider releases.
Other cases involved rape, sexual assault of a 12-year-old, assault of an eight-month-old, drug smuggling.
Now the High Court has ruled that the NZYQ cohort rapists, pedophiles and murderers who were kept in immigration detention while awaiting deportation can sue the Australian government for false imprisonment, potentially leading to claims running into the tens of millions of dollars.
So the timeline here is the following:
1. Rohingya refugee convicted of child sex crimes argues that he cannot be deported to Myanmar because he faces persecution.
2. Australian government decide to keep him in indefinite immigration detention due to fears for community safety.
3. Progressive law firms champion the cause of this convicted foreign pedophile and argue for his release.
4. High Court rules that he must be released from indefinite immigration detention alongside hundreds of other hardened violent foreign criminals.
5. 300 violent foreign criminals are released, almost 100 of them immediately reoffend with violent crimes such as rape and the bashing of a 73 year old grandmother with cancer.
6. Separately, a Gaza born foreigner is convicted of using poison to endanger life or inflict grievous bodily harm. A woman testifies that she woke up to him attempting to assault her after being drugged.
7. Former Labor Prime Minister Bob Hawke attends his appeal and writes a character reference for him.
8. Courts rule he cannot be deported due to blood clots preventing him using commercial planes. Government keeps him in immigration detention for community safety.
9. He sues for false imprisonment, opening the door to hundreds of hardened foreign violent rapists, pedophiles and murderers suing the Australian government for false imprisonment.
10. The Australian government now must use our taxpayer money to pay tens of millions of dollars to foreign convicted rapists, pedophiles and murderers.
It's just incredible. You could not make this up.
Also, in researching this post I discovered the case of a Vietnamese drug trafficker (DBD24 in High Court files) who was released from detention on a protection visa after a tribunal found he faced the death penalty in Vietnam for trafficking.
Again, you couldn’t make it up. I know that Australia began as a convict colony, but do we really have to make ourselves the dumping ground of the entire world in the year 2026?

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