An Iranian asylum seeker, identified as ASF17, is appealing to the High Court to avoid deportation to Iran due to fears for his safety on the basis of his sexuality.

The government maintains that ASF17's indefinite detention is justified, arguing that he could end it by cooperating with authorities.

ASF17's legal representation argues he is open to removal to a third country, even suggesting Gaza, indicating his refusal to return to Iran is for safety concerns.

The case's outcome may impact the fate of over 170 detainees in similar circumstances, questioning the legality of detention for those who refuse cooperation.

Immigration Minister Andrew Giles has proposed legislation that could imprison individuals who resist deportation, potentially affecting approximately 5000 people.

The High Court's decision is anticipated to have far-reaching effects on immigration detention practices and border security policies in Australia.