The Federal Court has found Peter Dutton unreasonably delayed making decisions on applications for citizenship by refugees in a landmark ruling that has implications for thousands of would-be citizens.
The court has also ruled that Mr Dutton erred in rejecting the applications for citizenship of the two Afghan refugees several weeks after they commenced legal proceedings. The pair had been permanent residents of Australia for more than four years.
Justice Bromberg of the Federal Court ruled that the decisions to reject their applications were invalid and "at law no decisions at all" and dismissed Mr Dutton's submission that he deny the two men relief.
The case provides hope for more than 10,000 refugees, most of whom came to Australia by boat before the decision by the Rudd government that no one processed offshore would ever be settled in Australia.
While it will invite more legal action if there is no move to hasten decision-making for the refugees, the decision will also raise concerns that Mr Dutton could proceed with legislation to make it harder for refugees to obtain citizenship.
Mr Dutton's office declined to comment on the Federal Court ruling, saying only that his department was considering the judgment.
The Refugee Council of Australia, who brought on the action with pro bono lawyers, says the refugees have had their citizenship applications "put in the bottom drawer" by Mr Dutton's department.
Lawyers for the refugees argued that these delays have been unreasonable and appeared to be discriminatory.
The court was told the excessive delays had caused significant anxiety for the many thousands affected, as they have been unable to reunite with their families while their citizenship remains in limbo.
"For people who are recognised as refugees, it is extremely difficult to bring family members to safety in Australia without citizenship," said the Refugee Council's Tim O'Connor.
"As such, delays in processing citizenship applications have left many in prolonged situations of danger and persecution, despite having a parent, sibling or other close relative who has been recognised as a refugee in Australia."
Fairfax Media has spoken to a number of those who applications have been delayed for periods of one and two years.
"It is ruin (sic) my life – and the life of my family," said Karim Sadaqat, who came by boat in 2010 and whose wife and two children remain in Afghanistan.
"They are there and I am here," said Mr Sadaqat, who has been waiting to undertake the citizenship test since August last year.
Another refugee, who asked that his name not be used, said he passed the citizenship test in March 2015, but had not been contacted regarding any booking in for a citizenship ceremony.
"I need to receive citizenship for my family. My daughter is in Pakistan, and is in need of urgent medical attention. No one else can take her," he said.
Mr O'Connor said the delays had denied basic rights to stability and family reunion through slow and targeted decision-making.
"Today's ruling recognises this injustice and represents a first step towards a resolution for thousands and a chance for them to start to rebuild their lives."
Fairfax Media reported earlier this year that a paper prepared by Mr Dutton's department marked "PROTECTED Sensitive: Cabinet" had canvassed options including a revamped Citizenship Test and Citizenship Pledge to "strengthen accountability for commitments made sat citizenship conferral".
The paper also flagged changes to simplify Australia's visa framework and "create stronger controls over access to permanent residency and citizenship".