A group of asylum seekers are taken by barge to a jetty on Australia's Christmas Island in this April 14, 2013 file photo. Thousands of asylum seekers have been held in facilities off the mainland since 2013, when the government introduced 'offshore processing' of those who arrive by boat (Photo: AP)
The High Court has upheld a decision by immigration authorities to cancel a South Sudanese refugee's humanitarian visa, despite fears he could be killed if sent back.
The court found immigration authorities did consider Australia's refugee obligations when dealing with the man's case.
The man's global special humanitarian visa was revoked in 2017 after he was convicted of assault in Victoria.
He is now on Christmas Island seeking to avoid deportation.
His lawyers argued he should not be sent back to South Sudan because he belongs to a minority tribe that killed his father and he would be tortured or killed if he had to return.
Australia has international obligations not to endanger refugees by sending them back to countries where they could face persecution, torture or death.
Despite the refugee's appeals, in 2018 immigration authorities refused to revoke his visa cancellation.
They ruled that he could apply for a protection visa, at which time Australia's international obligations to refugees could be fully considered.
In a judgement on Wednesday, the High Court found immigration authorities had evaluated the refugee's concerns about being sent back to South Sudan and he had not been denied procedural fairness.
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