Australia's High Court has rejected the Russian embassy's appeal against the government's decision to renege on the lease for its new home.
Justice Jayne Jagot dismissed the embassy's legal challenge to the decision to revoke the agreement, now enshrined in an act of the Federal Parliament in the capital Canberra. She dismissed Russia's case as "weak" and "difficult to understand," adding that there was "no proper foundation for granting the interlocutory injunction" which the Russian Federation sought.
The government's barrister Tim Begbie KC argued that the embassy had failed to make a case for overturning the legislation, adding: "Once that is accepted, their whole argument is over."
A Russian embassy guard ended his occupation of the site an hour after the ruling. The unnamed man was seen leaving the fenced-off construction site on Monday, where a new consulate building had already been completed.
The man, dressed casually and holding a sleeping bag, was seen being picked up by an official embassy car.
The embassy's legal counsel Elliot Hyde said there was no reason why the embassy official should leave the site, noting that "the stated position of the prime minister is that the security personnel of my client who is on the land … is not seemingly a risk."
Russian Deputy Foreign Minister Andrei Rudenko summoned Australian Ambassador Graeme Meehan on June 16 to protest the "openly politicized and unfriendly step," according to a Foreign Ministry statement, adding that Russia would "employ all necessary mechanisms to protect its interests, including possible countermeasures."
Australian authorities claimed that locating the new embassy near the federal parliament — whose proceedings are televised — exposed the state to the risk of Russian espionage.
"The government has received very clear security advice as to the risk posed by a new Russian presence so close to Parliament House," Prime Minister Anthony Albanese said. "We're acting quickly to ensure quickly to ensure the lease site does not become a formal diplomatic presence."
The National Capital Authority (NCA), the body which controls urban planning in Canberra revoked the lease in August 2022. The Federal Court upheld that decision in a ruling in May and the Federal Parliament introduced the bill to shore up that position that earlier this month.
Australia is a close ally of the US, having also been colonized and settled by the UK. It has supplied armored vehicles and artillery to Ukraine, that, according to the numerous statements made by Russian authorities, contributes to prolonging the conflict.