The federal government has refused to grant a protection visa to an Iraqi asylum seeker, saying the man is a convicted people smuggler and should not be allowed to stay.
Immigration minister Senator Chris Evans said the application, by Ali Al Jenabi, was being refused on character grounds.
"'The Rudd government deplores people smuggling," he said.
"It is a heinous crime that puts lives at risk, undermines Australia's border security and weakens our immigration system."
'His conduct in repeatedly bringing boatloads of illegal immigrants into Australia, the expectations of the Australian community that a person who commits crimes of this nature not be rewarded with a visa, and the general deterrence factor in discouraging others from engaging in similar conduct weigh heavily against Mr Al Jenabi."
But Australia is unable to deport the man because he cannot be currently returned to Iraq.
"Australia has protection obligations to Mr Al Jenabi under the Refugees Convention," the senator sad.
A removal pending bridging visa has been issued to avoid him falling into an indefinite detention legal limbo, he said.
Mr Al Jenabi has spent almost 20 months in the Villawood Immigration Detention Centre after serving four years of an eight year prison term in Darwin for people smuggling.
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