An Iranian asylum seeker heroin addict who was jailed for nearly eight years for drug offences while in immigration detention has been allowed to stay in Australia and continue collecting Centrelink benefits.
The 48-year-old, anonymised by the Administrative Review Tribunal as YMGL in a decision handed down last week, came to Australia illegally by boat in 2011, and four years later was convicted of attempting to import heroin and methamphetamine while in Yongah Hill Immigration Detention Centre in Western Australia.
YMGL was placed back in detention after completing his sentence, but in December 2024 was released to live in the community, moved to Victoria, and started receiving support from Centrelink in January 2025.
The tribunal heard he is on methadone for his heroin addiction, “has refrained from using marijuana for a considerable period of time”, requires iron infusions as he cannot eat solid food due to having no teeth, and has shoulder pain that restricts his ability to work, mental health issues and Hepatitis C.
He applied for a safe haven protection visa in 2017 that was refused the following year, but appealed the decision at the tribunal, which sent it back to Home Affairs in 2024, and the department again refused to grant the visa on character grounds.
YMGL then applied for a review of that decision, was granted a bridging visa and released from detention. The tribunal decided in his favour, but the Federal Court then quashed the tribunal’s ruling, and his case was heard before the tribunal again on February 27.
But ART general member Andrew Maryniak KC again found in favour of YMGL under Ministerial Direction 110, citing his “genuine attempts at self-improvement” since being released from detention, a low-risk of reoffending, the fact he has lived in Australia for the past 14 years, and his reliance on Australia for “protection from serious harm in Iran”.
Mr Maryniak also found YMGL’s continued presence in Australia will have a “positive impact” on his 12-year-old nephew and 17-year-old niece, that he cannot be returned to Iran, and that if he was deported to Nauru instead his life would be “more challenging”.
YMGL is among more than 30 serious criminals who have been spared deportation since Immigration Minister Tony Burke deported South African national Matthew Gruter, who has no criminal record, on November 17 for his political opinions.
During that period two other men have also been put in immigration detention for their alleged associations with nationalist activism, including British veteran Ryan Turner in Western Australia, and Ukrainian refugee Yan Zakharian.
Mr Burke has maintained Direction 110, since July 2024 despite the order resulting in dozens of paedophiles, killers and rapists being allowed to stay in Australia.
Header image: Yongah Hill Immigration Detention Centre (9News).
