More than 170 immigration detainees could be freed if Australian government loses high court challenge

Exclusive: The number of detainees who refuse to cooperate with deportation is larger than thought, a leaked internal estimate reveals

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More than 170 people in immigration detention could be released if the government loses the next high court challenge on the legality of the program, according to a leaked internal estimate.

Guardian Australia can reveal that the affected cohort who refuse to cooperate with deportation is larger than earlier estimates produced by media outlets and that the government has identified more than 40 people who are yet to lodge claims for protection visas who could be freed by the decision.

More than 110 “involuntary individuals”, whose home countries will not issue a travel document or facilitate removal.

More than 40 who could fall into scope who have not yet lodged protection visa applications.

More than 20 who have asked to be deported – which enlivens a statutory obligation for them to be removed – but their cases have not been referred to the Australian Border Force.

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