The Australian High Court has found the denial of a protection visa to a Sri Lankan Tamil with an adverse security assessment from Australian security intelligence organisation was not valid.
Sri Lankan-born Yogachandran Rahavan suspected to be an LLTE member had been deemed a refugee but was unable to secure a protection visa because of a regulation associated with the ASIO assessment.
He has been detained for the past three years and is one of 55 other refugees in a similar situation.
The man argued he had been denied procedural fairness in the assessment.
The High Court has rejected that, but has ruled the regulation preventing him getting a protection visa is invalid, because it is at odds with the Migration Act.
In today's ruling the judges said it was unlawful to deny a visa without due judicial review.
There are currently more than 50 Tamil men, women and children in that category, some of whom have been in detention for three years.