A Melbourne detainee with alleged links to people smuggling has lost, over fears he'll catch COVID-19 on the plane.
The Federal Court ruled the 68-year-old from Pakistan could not remain at the Melbourne Immigration Transit Accommodation because he risked contracting coronavirus there.
Lawyers for the man on Wednesday failed to stop Home Affairs Minister Peter Dutton transferring him to Western Australia's Yongah Hill Immigration Detention Centre.
He has medical conditions including diabetes and wants to return to his Australian citizen son's home in suburban Melbourne.
The 68-year-old flew into Australia on a tourist visa in December 2010 and was later found to be owed protection as a refugee.
But his visa was cancelled in 2019 over allegations he had co-ordinated money transfers linked to people smuggling before coming to Australia.
Justice Bernard Murphy sided with the federal government's arguments the man was much safer in Western Australian than Victoria and unlikely to catch the virus en route.
He's due to be taken to Perth on a Qantas flight either late this week or early next week but has launched separate Supreme Court action in Western Australia to stop the move.
His barrister, Chris Horan QC, told the Federal Court the government was relying on "mathematical gymnastics" to downplay the risk of becoming sick in transit.
Mr Horan compared the case with a quote popularised by author Mark Twain: "There are three kinds of lies: lies, damn lies and statistics".
Acting for Mr Dutton, Patrick Knowles said there was a low risk the detainee could become infected on the way to and from the airport.
There was also a one in 33,000 chance of contracting the virus if the plane was relatively empty and a one in 7565 chance if it was full, the barrister added.
Minister for Home Affairs Peter Dutton Source: AAP
While the government did not intend to release the man from detention, he'd be at an even greater risk of coronavirus in the community, Mr Knowles said.
"It's theoretically open for the minister to reduce the risk to the applicant by saying 'here's a truck, hop in, we'll drive for three days straight, you'll see nobody and you'll end up in Perth'," he told the court.
"That's one way to reduce the risk of flying. The minister could theoretically, with his powers under the act, build an entire new detention centre for one person to stay in."
Justice Murphy said he took the risk the man could become seriously ill or even die very seriously. It came after he told the lawyers he would not play "legal games" over someone's health.
The judge also noted gloves and masks would be provided to the man for each leg of the transfer, with social-distancing requirements to be observed.
People in Australia must stay at least 1.5 metres away from others. Check your state’s restrictions on gathering limits.
If you are experiencing cold or flu symptoms, stay home and arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080.
