00:00One of the men is from Poland and the other from Vietnam.
00:06Both have criminal records and both have protection findings that if they were to return home
00:13they could face harsh treatment.
00:15For the Vietnamese detainee, that could include the death penalty.
00:20Their lawyers argue that even if their visas were refused, there was no prospect of them
00:25being removed from Australia in the foreseeable future, making their release inevitable.
00:31But the government sought to differentiate the case from last year's decision, which
00:35has seen more than 200 people released from detention.
00:39It argued the ruling related to situations where removal was requested.
00:45The High Court heard that in the current case there had been an absence of a request for
00:50removal and the detention was justified.
00:55For more UN videos visit www.un.org
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