The 36-year-old Sri Lankan man had been found to be a refugee, but was refused a protection visa after the ASIO assessment.
He has been detained for the past three years and is one of 55 other refugees in a similar situation.
He took the matter to the High Court, which on Friday ruled that the public interest test, which is used to reject visa applications on security grounds, is invalid because it is inconsistent with Australia’s Migration Act.
The refugee’s lawyers say he should be released as soon as possible, along with all other refugees who are being detained indefinitely.
But Ms Roxon says the man will remain in detention while Immigration Minister Chris Bowen and the Department of Immigration make a new decision on his application for a protection visa.
“The case has upheld the process that ASIO has undertaken for its adverse security assessment, but it found one of the migration regulations to be invalid. That means that the particular plaintiff has to have his case reassessed,” she told 7.30.
“The consequences for others will depend on circumstances for each of those, and of course the Government is carefully considering and will quickly consider implications for the 50 or so people who are in similar circumstances.”
She says the man can still have the ASIO assessment used against him as he applies for a protection visa.
“What the decision has declared invalid is a migration regulation that says you are not allowed under any circumstances to give a visa to someone who has an adverse security assessment,” she said.
“The judges say the decision now has to be remade with respect to this one individual and they explicitly say by a majority that he is to remain in detention while that is done.”
The Federal Opposition says it believes new immigration laws are needed to combat the High Court’s decision.
Opposition immigration spokesman Scott Morrison says the ruling could allow people who are a security risk to get visas.
He says he will support any new laws to protect national security.
Last month, the European Court of Human Rights ruled the five terror suspects could be extradited, but the High Court ordered the British government to halt their removal while it heard their final appeals.
The High Court has now rejected their requests, saying Hamza and the four other suspects failed to show “new and compelling reasons” as to why they should not be sent to the US.
The men are now on a flight to the US where they will be incarcerated in a high security jail in Colorado, known as the Alcatraz of the Rockies.
Hamza, 54, who turned London’s Finsbury Park Mosque into a training ground for jihad, is charged with setting up a terrorist camp in Oregon.
He has also been accused of aiding in the abduction of 16 hostages in Yemen in 1998.
One demonstrator outside court held up a sign, “Honk if you want Hamza out”.
The High Court judges rejected an eleventh-hour plea by Hamza to delay the process further on health grounds.
They said the sooner the Islamist preacher is put on trial, the better.
Judge John Thomas said: “The applications by all five claimants must be dismissed. It follows that their extradition to the United States of America may proceed immediately.”
Fellow terror suspects Khaled Al-Fawwaz, Syed Tahla Ahsan, Adel Abdul Bary and Babar Ahmad were also denied an injunction.
Ahmad and Ahsan, both British nationals, are accused of operating websites supporting Chechen and Afghan insurgents.
The case has outlasted six British home secretaries and has seen UK prime ministers and US presidents come and go.
Hamza, who wears a hook where his right hand once was, has been in prison for eight years after being convicted in Britain of inciting hatred.
Fawwaz and Bary have been in prison without trial since 1999, while Ahmad has been behind bars since 2004 and Ahsan since 2006.
A man has been charged over the alleged theft of snakes from a zoo in the New South Wales Hunter Valley. Police say they searched the man’s home on Elizabeth Street, Abermain, on Thursday and found four pythons.
It is alleged three of the snakes were among those stolen from the zoo in September.
Yesterday afternoon police arrested the 19-year-old at his home.
He was taken to Cessnock Police station and charged with a string of offences, including stealing protected fauna and possessing an unauthorised firearm.
One of the Law Council’s key constituent bodies — the Law Society of Tasmania — has rejected the official Law Council stance and praised the government of Queensland for withdrawing from a national regulatory system that it says would have imposed extra costs on lawyers.
From: The Australian October 05, 2012