Iran is the only country Australia is attempting to send him to even though he is willing to go to another, his lawyers said in written submissions to the court.

If the ruling is expanded to cover indefinitely detained people who refuse to co-operate with Australian authorities, the Iranian man would be released and more immigrants could be freed.

Immigration Minister Andrew Giles was quizzed about the issue in Question Time on Monday.

Individuals who did not co-operate with their removal should be forced from Australia as a priority, and during the process should remain in immigration detention, he said.

"We will be vigorously defending this position before the High Court," Mr Giles said.

If the Commonwealth wins the case, the government will be able to block further releases from immigration detention.

The opposition has hounded the government over the release of immigration detainees.

The High Court ruled indefinite detention unlawful in November 2023, leading to the release of about 150 detainees.

Some of the group had serious criminal convictions, including for murder and rape, while others faced less serious charges.

All of them served their time behind bars before being placed in immigration detention.

Following their release, they were subject to strict conditions including ankle monitors and curfews.

Several have since been arrested for breaching visa rules.

But they could escape conviction due to a "technical issue" with how their visas were issued, which has since been rectified.

Opposition spokesman Dan Tehan pushed the minister for answers on why the visa bungle was not addressed sooner.

In response, Mr Giles said the issue dated back to 2013 and existed for almost a decade under the former coalition government.

"They are playing politics as we get on with the job of fixing up the mess," he said.

License this article