Australia’s top court has dismissed Russian efforts to retain a new embassy site in Canberra.
The High Court threw out attempts by Russian officials to grant an injunction against recent federal laws terminating the lease on the site.
Justice Jayne Jagot said arguments made for holding onto the diplomatic land were weak and there was no foundation for granting the injunction.
Laws terminating the lease were passed through parliament earlier this month, citing national security risks.
A Russian diplomat staying at a shed on the site was seen leaving in a diplomatic-plated van on Monday.
Prime Minister Anthony Albanese said the government welcomed the court’s decision.
“The court has made clear there is no legal basis for a Russian presence to continue on the site at this time,” he told reporters in Canberra on Monday.
“We expect the Russian Federation to act in accordance with the court’s ruling.”
The Commonwealth wrote to Russian officials over the weekend saying the government would not re-lease the embassy site while the court challenge was being made.
Commonwealth lawyer Tim Begbie KC said he had heard no response.
“I do not criticise my friend for not responding to this letter. Russia has had other things on its mind over the weekend,” he told the court on Monday, referring to the recent attempted coup in the country led by the Wagner Group.
Justice Jagot said while a previous attempt by the National Capital Authority to terminate the lease of the embassy was deemed invalid by a federal court, the new laws took precedence.
Commonwealth officials will now prepare to formally take over the site.
The National Capital Authority granted the lease for the Yarralumla property in December 2008 and building approvals followed in 2011.
Under the lease conditions, Russia had agreed to finish construction within three years but the embassy remained partially built.
Lawyers for Russian officials told the court the new federal laws had “no impact on the public at large”, arguing millions of dollars would have been wasted on construction on the site.
While the court dismissed the injunction, it’s not known if a future challenge to the overall validity of the laws will be heard.
The prime minister said the land would not be re-leased to another country or used as an embassy site in the future.
“We’ll consider the purpose of the land but we expect the law to be upheld,” he said.
“Australia supports the law. Russia hasn’t been real good at upholding the law in recent times.”
Russia’s embassy in the Canberra suburb of Griffith is unaffected by the decision.
Opposition Leader Peter Dutton said the court’s finding was welcome news.
“I welcome very much the departure of this diplomat, if that’s who he was,” he told reporters in Perth.
“It should be a very clear message to all state actors and people in our country, particularly those in diplomatic missions, they’re here to advance the relationship and the causes of our respective countries.”
By Andrew Brown in Canberra
