An Australian high court judge in Kiribati has been released from immigration detention after an order from a local appeals court.
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Kiribati's attorney-general attempted to deport David Lambourne, with the government claiming he breached his visa conditions and posed a security threat.
A last-minute injunction was granted by the appeals court, with the attorney-general told to take necessary steps to stop the judge's deportation but Mr Lambourne remained in immigration detention in a motel.
Mr Lambourne told AAP he wasn't told of his release when the guards left about 6pm.
"I'm glad to be home. It got to so late in the day today I really wasn't expecting for that to happen," he said.
"In the end, the immigration offices and police just left, I wasn't told that I was released. Fortunately, my wife happened to be driving in as they were driving out and they told her I was released.
"I'm glad the government has finally decided to comply with the court order. It took them far too long ... but it's better than them not complying with the order at all."
Yet Mr Lambourne believes it isn't the end of the matter. He is set to face the appeals court next Friday to make substantive arguments about the legality of the deportation order.
The Kiribati government may again move to deport him on Sunday.
"I understand they still might try to deport me on Sunday but the airline has told the foreign and immigration minister they won't take me until the court of appeal has heard the case," he said.
"If yesterday was any guide, they made it clear they were going to try and deport me regardless of the court order.
"The government doesn't seem to see itself as bound by the court. Over the last couple of months, we've seen this descent into authoritarianism."
Mr Lambourne says the government is trying to leverage him to put pressure on his wife, the Pacific nation's opposition leader, to quit politics.
"She's clearly a thorn in their side and as far as I can tell, all attempts to remove me are really an underhand means of trying to attack her," he earlier told the ABC.
"They think if I am forced out of the country, my wife will have to quit politics and follow me.
"They obviously don't know her very well if they think that's what she would do."
The actions constituted a breakdown of the rule of law, Mr Lambourne added.
"The rule of law here has broken down completely. It's a terribly sad situation for all of the people of Kiribati," he said.
"Once you have an authoritarian government that demonstrates its willingness to completely ignore orders of the court, then everybody is fair game."
The suspension of the high court's chief justice and himself on the two-person bench means serious criminal matters are not being heard and there is nowhere to challenge government actions, Mr Lambourne said.
The Australian government has been in touch to offer consular assistance.
"The Department of Foreign Affairs and Trade is in direct contact with Mr Lambourne and officials from the High Commission in Tarawa are providing consular assistance," a spokesperson said.
"Our High Commission in Kiribati is monitoring the situation closely.
"The broader issues between the Government of Kiribati and its judiciary are matters for the Government of Kiribati to resolve, consistent with its constitutional and legal processes."
Australian Associated Press