An Afghan refugee and former member of the country's national security leadership, who assisted coalition forces, continuedivi the Australian government in court to demand his release after eight years of detention in order to be able to organize to get his family out of a Afghanistan .
Anonymized in court documents as FGS20, the 37-year-old arrived in Australia by boat in 2013 after fleeing the from the Taliban who attacked him, threw grenades at his house and sent several warning letters, he would be killed because of his work for the Afghan government.
Fifteen members of his extended family were killed by the Taliban, including his brother who was shot dead last year .
His wife and four children remain in Afghanistan, but try to find a way out, as a resurgent Taliban advances through the country.
In an email sent to his case manager in the home affairs department of a Melbourne detention center at the hotel where he is currently being held, FGS20 requested permission to assist his family while Afghan security is collapsing.
"Every day in Afghanistan is getting worse. My family is in a dangerous place and I need help now, please. If you wait, I'll lose my family. Why are you waiting The Taliban want to kill my family, "the email read in open session read.
" You must find a way to move them around. you like it because I don 't want them to die. It is enough that you kept me in detention for eight years without reason. "
FGS20, an ethnic Tajik, was recruited to the National Security Directorate of Afghanistan at the age of 17, and worked as a driver and scout for a regional intelligence chief. He worked alongside US forces, and included in his government record are certificates recognizing his service from the US Army.
"I was helping coalition forces fighting in Afghanistan, ”he said in an interview. “I captured Taliban fighters and imprisoned them. But when these people got out of jail, they tried to kill me and shot my house with rocket-propelled grenades. "
He said that 'he had left his home to live in another town in Afghanistan, but it was still too dangerous.
"Now my wife and children are in serious danger because of my service in the coalition, "he said," mays the government is still keeping me in detention. "
" It even prevents me from moving my family out of Afghanistan to a safe place ry for save them from the Taliban… It 's impossible for me now because the Australian government is still keeping me in detention after eight years. I can't help my family. The nature of my detention prevents me from doing anything to help my family. "
Arrived in Australia by boat in 2013, FGS20 was sent at Manus Island for offshore processing. His claim for protection was officially recognized in January 2015, according to government documents.
FGS20 was held in PNG for six years, before being transferred to Australia in July 2019 - under medical evacuation laws ofe short term - for medical treatment. Doctors' reports indicate that he suffers from chronic headaches and migraines - related to stress - as well as depression, high blood pressure and post-traumatic stress. He has been detained in Australia for over two years.
"I am still sick," he said from his detention in Melbourne, where he is currently detained. "I need help but there is no help in detention.
FGS20 has formally asked several times to be returned to PNG, where, outside of confinement of detention, he could request to be reunited with his family, work to raise funds for their escape from Afghanistan, or contact the United States Embassy at about the evacuation of his family members.
The US government announced Monday that it was preparing to send approximately 2,500 Afghans who had helped the 'effortmilitary personnel, along with their family members, to military bases on American soil.
With the withdrawal of coalition troops from Afghanistan , the Taliban are reborn violently across the country, taking back control of dozens of neighborhoods and towns.
Thousands of government soldiers have surrendered or have defected - hand over their weapons to the Taliban - or fled across Afghanistan 's s to neighboring countries.
In numerous requests to Serco (directors of the detention center), the 'Australian Border Force, and its Home Office case manager, FGS20 requested to be referred as PNG.
" I have been in detention for 18 months. I am coming for medical treatment. My problems are not resolved. IHMS doctors say that my headaches cannot be cured in detention because of the stress.
"I haven't done anything wrong. I'm not a criminal, I shouldn't be in jail. If I can't move out in the community, then refer me to Manus. "
Documents in federal court, FGS20 family members at high risk of Taliban violence in because of their relationship with him. Australia 's continued detention of FGS20 has prevented him from trying to help them leave the country, his statement says.
"The family of the applicant is at extreme risk in Afghanistan. due to the risk of the country 's imminent fall to the hands of the Taliban. "
FGS20 lawyer Daniel Taylor told federal court on Wednesday: "This is Australia 's duty to care, to a refugee, to a refugee family of a prominent person at extreme risk of harm in Afghanistan, who has come to Australia for ask for protection.
“They will die because the Minister did not return the applicant to Papua New Guinea when he requested it.
The Commonwealth requested the summary dismissal of FGS20's request, arguing that the request was fundamentally flawed and that the Australian government had no legal obligation to Afghan citizens in Kabul who did not apply for protection in Australia.
The case, before Judge Tom Thawley, goes to court Friday.