A judge has accused Immigration Minister Alan Tudge of criminal conduct.

Justice Geoffrey Flick labelled Mr Tudge’s behaviour “criminal” after he left a Hazara Afghan man languishing in an immigration detention centre despite an order that he be granted a visa.

Justice Flick said Mr Tudge had “intentionally and without lawful authority been responsible for depriving a person of his liberty”, and his “conduct exposes him to both civil and potentially criminal sanctions, not limited to a proceeding for contempt”.

The Home Affairs Department rejected the man’s visa application after a drunken fight with a friend over a mobile phone, which was seen as a breach of the “character test”.

The Administrative Appeals Tribunal (AAT) overturned that decision and ordered the man be granted a visa.

Justice Flick has now found that the AAT made an error of law in granting the man the visa, but he also argued that the Minister's subsequent poor treatment of the man meant the visa should be granted.

In a subsequent judgement, Justice Michael Wigney said the man remained in detention “because the Minister did not like the Tribunal's decision”.

“The Minister cannot place himself above the law,” Justice Flick said.

“The Minister has acted unlawfully.

“In the absence of explanation, the Minister has engaged in conduct which can only be described as criminal.”

A spokesperson for Mr Tudge said; “The Minister is considering the reasons for the court's decision and options for an appeal”.