Australia’s High Court dismisses Russia’s bid for injunction to stop its embassy’s eviction

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CANBERRA, Australia (AP) — Australia’s highest court on Monday dismissed Russia’s application for an injunction that would have prevented Moscow’s embassy being evicted from a site in the national capital Canberra.

In dismissing the application, High Court Justice Jayne Jagot described Russia’s challenge on constitutional grounds to a law terminating the lease as “weak” and “difficult to understand.”

Parliament passed emergency legislation on June 15 that terminated Russia’s lease on the largely empty block on security grounds because the new embassy would have been too close to Parliament House.


The Australian flag flies on Parliament House, seen behind an unoccupied building on the grounds of a proposed new Russian embassy near the Australian Parliament in Canberra, Feb. 28, 2023. Australia
The Australian flag flies on Parliament House, seen behind an unoccupied building on the grounds of a proposed new Russian embassy near the Australian Parliament in Canberra, Feb. 28, 2023. Australia’s House of Representatives passed legislation Thursday, June 15, 2023, to prevent Russia from building a new embassy near Parliament House on security grounds. (AP Photo/Rod McGuire)

Russia’s lawyer Elliot Hyde had argued that the Ambassador Alexey Pavlovsky would not have confidence in the integrity and security of a consular building already on the site if the embassy was not allowed to maintain possession until the challenge to the validity of the lease termination was decided.

Elliot said a man who has been living on the site in a portable cabin at least since last week was a security guard protecting the compound. The man had been described in the media as a Russian diplomat.

Prime Minister Anthony Albanese said he welcomed the High Court decision and expected the Russians to leave the site.

“The court has made clear that there is no legal basis for a Russian presence to continue on the site at this time, and we expect the Russian Federation to act in accordance with the court’s ruling,” Albanese told reporters.

The Russian Embassy did not immediately respond to a request for comment. Previously, Russia had accused Australia of “Russophobic hysteria” for canceling the lease of the site in Canberra’s diplomatic quarter where Moscow wanted to build a new embassy. The current Russian Embassy is in the Canberra suburb of Griffith and its operations are unaffected.


A fence surrounds a seemingly unoccupied building on the grounds of a proposed new Russian embassy near the Australian Parliament in Canberra, Feb. 28, 2023. A suspected lone Russian diplomat was on Friday, June 23, 2023, apparently squatting on the site of the proposed embassy that the Australian government has vetoed. Australian Prime Minister Anthony Albanese dismissed the Russian act of defiance saying a "bloke standing in the cold on a bit of grass in Canberra is not a threat to our national security." (AP Photo/Rod McGuirk)
A fence surrounds a seemingly unoccupied building on the grounds of a proposed new Russian embassy near the Australian Parliament in Canberra, Feb. 28, 2023. A suspected lone Russian diplomat was on Friday, June 23, 2023, apparently squatting on the site of the proposed embassy that the Australian government has vetoed. Australian Prime Minister Anthony Albanese dismissed the Russian act of defiance saying a “bloke standing in the cold on a bit of grass in Canberra is not a threat to our national security.” (AP Photo/Rod McGuirk)

A man walks along a fence that surrounds a a building on the grounds of a proposed new Russian embassy near the Australian Parliament in Canberra where an Australian Federal Police officer observes from his vehicle, Friday, June 23, 2023. A suspected lone Russian diplomat is apparently squatting on the site of the proposed embassy that the Australian government has vetoed. Australian Prime Minister Anthony Albanese dismissed the Russian act of defiance saying a "bloke standing in the cold on a bit of grass in Canberra is not a threat to our national security." (AP Photo/Rod McGuirk)
A man walks along a fence that surrounds a a building on the grounds of a proposed new Russian embassy near the Australian Parliament in Canberra where an Australian Federal Police officer observes from his vehicle, Friday, June 23, 2023. A suspected lone Russian diplomat is apparently squatting on the site of the proposed embassy that the Australian government has vetoed. Australian Prime Minister Anthony Albanese dismissed the Russian act of defiance saying a “bloke standing in the cold on a bit of grass in Canberra is not a threat to our national security.” (AP Photo/Rod McGuirk)