A Brisbane refugee fighting rape charges will spend at least a year locked in a detention centre despite a court granting him bail ahead of his trial.
The 31-year-old Iranian national was arrested by immigration officials on December 1 as soon as he was released on bail by the Brisbane Magistrates Court.
The man, who cannot be named for legal reasons, is accused of digitally raping a woman who was drunk and had fallen asleep in a Fortitude Valley car park on November 30.
The man, who speaks very little English, denies the allegations but fled the scene of the attack when the woman began screaming.
He told his lawyer through an interpreter that he ran because he feared his visa would be put at risk, not due to guilt.
When the Magistrates Court granted him bail his conditions included living at a Woolloongabba address, reporting to police and staying away from airports.
However the man's lawyer Samantha Breach said the 31-year-old had been taken to Sydney's Villawood detention centre.
She said he would remain there until a trial in the Queensland District Court, after police managed to apply for a Commonwealth criminal justice stay certificate under the Migration Act. The certificate prevented the man from being deported before the court process was finished.
Police said they applied for the certificate "to ensure the defendant remained in the country for judicial purposes".
The case against the man is in its early stages. A brief of evidence is likely to be ready by March and a transfer to District Court may happen by September, Ms Breach said. A trial would be unlikely until 2016.
"It's a really long process...he's going to be in [Villawood] the entire time," Ms Breach said.
The Department of Immigration and a spokesman for Immigration Minister Scott Morrison did not respond to questions from Fairfax Media before deadline.
Mr Morrison, who is due to transfer to the Social Services portfolio, was still in charge of immigration on Monday.
His office previously failed to answer questions about where the man was being held, but confirmed that the Iranian's visa status was under review.
"I have made it clear that I will not tolerate criminal conduct or behaviour which presents a risk to the Australian community," Mr Morrison told Fairfax Media on December 2.
"In accordance with normal practice the department is monitoring the situation and consideration will be given to cancelling the individual's bridging visa."
