58. 来文提交人质疑政府的说法，即 Jaffarie 先生将自己的拘留永久化，他根据《移民法》第 48B 条向内政部长提出的请求阻止了他被驱逐出澳大利亚。相反，这一请求并不妨碍政府将 Jaffarie 先生移送到阿富汗。Jaffarie 先生根据第48B 节提出了请求，因为阿富汗的情况发生了变化，如果现在对他的永久保护签证申请进行评估，他的难民身份就有可能得到承认。来文方称，不管 Jaffarie 先生做了什么，内政部根据《移民法》驱逐 Jaffarie 先生的法定义务仍然存在。
58. The source contests the Government’s claim that Mr. Jaffarie is perpetuating his own detention and that his request under section 48B of the Migration Act to the Minister for Home Affairs is preventing his removal from Australia. To the contrary, such a request does not prevent the Government from removing Mr. Jaffarie to Afghanistan. Mr. Jaffarie made the request under section 48B because the circumstances in Afghanistan had changed in such a way as to allow the possibility that his refugee status would be recognized if his application for a permanent protection visa were to be assessed now. The source argues that statutory duty of the Department of Home Affairs under the Migration Actto remove Mr. Jaffarie remains regardless of the involvement of Mr. Jaffarie.