Immigration detention farce continues as people smuggler is freed along with woman basher who doused his victim's bedroom in petrol

A convicted people smuggler and a violent domestic abuser have become the latest immigrants to be freed from detention.

The Iranian men, known only as Adam and David, were freed on February 28 after the High Court ruled in November that indefinite detention was unlawful. 

More than 150 immigrants have been released back into the community since the ruling with murderers, paedophiles and violent offenders among the group.

David had spent five years in immigration detention for contravening a family violence order by attacking his ex-partner with a knife, a plank of wood and a pillow. 

Adam was released despite being sentenced to serve seven years in prison in 2015 for people smuggling.

Both had refused to cooperate with attempts to have them returned to Iran over fears they would be persecuted because of their Christian beliefs.

The Federal Circuit and Family Court of Australia's judgment revealed David came to Australia illegally on a boat and had his visa stripped following the DV attack.

He was convicted of false imprisonment, three counts of assault with a weapon, making a threat to kill and unlawful assault and placed under a family violence order.

David broke the order when he 'entered the locked home of the victim, doused the bedroom with petrol and assaulted her physically and sexually'.

He spent 30 days in prison before having his visa revoked and taken to immigration detention where he was physically and sexually assaulted. 

He would go on to refuse any attempts to acquire relevant travel documents and return to Iran, claiming the country would not accept him and that he is stateless.

David also fears he could be facing 11-year imprisonment in Iran after being convicted of 'insulting Iranian authorities and acting against the national security of Iran and for his membership of enemy groups'.

Judge Amanda Mansini said the court was bound by the High Court's ruling in November and that David was not 'lawfully detained and is entitled to be released immediately'. 

'This form of relief is not final in that it does not entitle David to indefinite freedom to live in the Australian community,' Judge Mansini said.

The other man, Adam, had spent two-and-a-half years of his seven-year sentence for people smuggling when he was released.

He had already been living in Australia on a refugee visa for several years prior to his conviction after registering with the UN in Indonesia in 2001.

Adam was found by an Administrative Appeals Tribunal in June last year to be a key organiser of a people smuggling operation involving 12 people.

Another month was added onto his sentence for one count of 'assault in company' before being moved to immigration detention.

The court found Adam was likely owed protection by Australia, however no formal finding was made on his case for immigration.

It also found that he could not be returned to the country as he is part of the Manda­ean minority, a persecuted Christian group in Iran.

The Commonwealth said both men shouldn't be held to the High Court's prior ruling on NZYQ because they weren't part of the group of detainees affected.

It argued that the men didn't cooperate with officials to return to their country of origin while other released detainees were unable to be deported even with cooperation.