The imminent deportation of queer Pakistani detainee Ali Humayun appears to have been overstated, but without High Court intervention it will eventually proceed.
Lawyers for the Howard Government have written to Humayun to advise that he has not been given “actual notice” of deportation, but warned that his pending hearing before the High Court was not an impediment.
Humayun’s lawyer submitted his case to the High Court yesterday and it will be heard by two justices in the coming months.
Prominent QC Julian Burnside has also written to the Immigration Minister about the case, and is considering representing Humayun if the full bench agrees to hear the case.
At this stage, only a favourable ruling by the full bench could prevent Humayun’s deportation.
Greens Sydney candidate Jenny Leong visited Humayun in detention last week after Senator Kerry Nettle, who has been championing refugee rights, was refused access.
“What will happen to these detainees under a Rudd government, and will he continue the practice of contracting the detention security?” Leong asked.

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