High Court Dismisses Russia’s Attempts to Stop Australia Taking Back Embassy Land

People attend a protest against Russia's invasion of Ukraine, outside the Russian embassy in Canberra, Australia, on Feb. 26, 2022. Stringer/AFP via Getty Images

A last-ditch effort to stop the Australian government from revoking Russia’s rights to a new embassy has been quashed after the country’s High Court dismissed a legal challenge.

High Court of Australia Justice Jayne Jagot said on Monday that the Russian government’s arguments for holding onto the site were weak, and there was no legal foundation for granting an injunction.

The Russian Federation was seeking an injunction against legislation passed by the Australian government on June 15 revoking leased land near Parliament House in Canberra. The lease, granted in 2008, was meant to facilitate the building of a larger embassy than the current diplomatic mission.

In a desperate move, Russian diplomats took to squatting on the land last week to prevent its seizure. However, AAP reported this morning the man residing on the block has vacated the site in a car with diplomatic plates.

The federal government cited national security concerns behind the removal of Russia’s lease with Prime Minister Anthony Albanese saying there was “very clear” security advice about the risks Russia might pose with a new facility near the Parliament House.

Decision Welcomed by Prime Minister

Prime Minister Albanese in a press conference on Monday welcomed the High Court’s decision.

“The court has made clear that there is no legal basis for a Russian presence to continue on the site at this time,” he told reporters in Canberra.

“We expect the Russian Federation to act in accordance with the court’s ruling.”

The prime minister also declared that the federal government will not consider putting any other embassies on the same site in the future.

“We don’t intend to have any embassy there. Future governments will consider what it is, I think it is a pretty good space there myself at the moment ... We will consider the purpose of the land, but we expect the law to be upheld,” he said.

According to the lawyer representing the Australian government, Tim Begbie K.C., the government had written to Russian officials over the weekend saying it would not re-lease the embassy site while the court challenge was underway. Russian authorities did not respond to the letter.

“I do not criticise my friend for not responding to this letter. Russia has had other things on its mind over the weekend,” Begbie told the court on Monday, in reference to the recent coup attempt by the mercenary Wagner Group.

Embassy Saga Over a Decade Old

Originally leased in 2008 from the National Capital Authority (NCA), which manages the diplomatic precinct in Australia’s capital of Canberra, the Russian government had initially agreed to complete construction three years after its building approvals were granted in 2011.

In August 2022, the NCA told the Russian government, which operates another embassy at an alternative location, it had 20 days to vacate the site.

“While initial works have commenced, the block in question has been sitting as a building site with unfinished construction for many years now,” Sally Barnes, CEO of the NCA, said at the time.

“With limited blocks currently available for diplomatic purposes, unless a country can demonstrate a willingness and ability to develop the site, the NCA supports a policy of ‘Use it or lose it.”

The Epoch Times has reached out to the Russian Embassy for comment.