A federal cabinet minister has rejected a Federal Court judge's finding he engaged in criminal conduct, dismissing the scathing assessment as commentary.
Acting Immigration Minister Alan Tudge was last month condemned by Justice Geoffrey Flick for denying an Afghan asylum seeker freedom because he disagreed with a tribunal that ordered his release.
Justice Flick warned Mr Tudge he was placing himself above the law, saying he engaged in conduct which could only be described as criminal.
Mr Tudge confirmed he was weighing up his appeal rights.
"I strongly reject those assertions in commentary. They were comments by a particular judge which I strongly reject," he told ABC radio on Monday.
A delegate for the minister denied the 34-year-old asylum seeker a visa in December 2019 on the grounds he failed the character test after being convicted of an offence in 2018.
Earlier this year, the Administrative Appeals Tribunal reversed the decision, on the basis that the man was not a risk to the community.
The minister immediately appealed the decision and refused to release the man from a WA detention centre despite the tribunal decision.
He was released five days later following an earlier Federal Court ruling.
Mr Tudge said the man was imprisoned after being convicted of a serious criminal offence.
"Because of his violent criminal actions the government made a decision to not grant him a visa," he said.
"That's been consistent with many other decisions we have made."
In his judgement, Justice Flick found the minister was not entitled to keep the man in detention merely because he had filed an appeal.
"He has intentionally and without lawful authority been responsible for depriving a person of his liberty," Justice Flick said.
"The minister cannot place himself above the law. The minister has acted unlawfully.
"His actions have unlawfully deprived a person of his liberty. His conduct exposes him to both civil and potentially criminal sanctions, not limited to a proceeding for contempt."
