Russia launches Australian High Court challenge over Canberra embassy decision

The case filed in the High Court on Friday seeks to challenge the constitutional validity of a new law effectively evicting Russia from a plot in Yarralumla once earmarked for it. The Russian diplomatic presence has been trying since 2008, well before the invasion of Ukraine, to move its Canberra post from Griffith to the site on the other side of State Circle.

The Albanese government rushed the legal change through Parliament on June 15 with bipartisan support to block the building of a new Russian embassy on national security grounds. Earlier the National Capital Authority lost its legal efforts to evict the Russian government from the new site.

A spokesperson for the Home Affairs minister Clare O'Neil has responded to the move toward legal action.

"The Russian Federation has informed the Commonwealth of its intention to commence legal proceedings in the High Court, in which they will challenge the validity of the legislation on constitutional grounds," the statement read.

"Russia's challenge to the validity of the law is not unexpected. This is part of the Russian playbook."

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It comes as the stand-off continued, with a Russian diplomat squatting on the land that Googles regards as "Formerly the new Russian Embassy" in defiance of the new law.

Prime Minister Anthony Albanese ridiculed the man as "some bloke standing on a blade of grass" who is not seen as a threat to Australia's national security

The Australian Federal Police are watching the man, who has diplomatic immunity, as he goes in and out of a portable building. The AFP has told The Canberra Times that it does not comment on protection matters.

"The national security threat that was represented by a Russian Embassy on the site are not the same as some bloke standing on a blade of grass on the site that we don't see really is a threat to our national security," the Prime Minister told reporters in Canberra.

"We have the power to show that we understand and respect the law. And that's what we're doing. We're going through processes. We're very confident about our position."

The opposition's foreign affairs spokesperson is concerned Mr Albanese is not taking the matter seriously.

"He seems to want to cast it aside as a bit of a joke," Simon Birmingham said. "Ultimately, this is a simple case of whether the law of the land has been complied with and the Prime Minister should expect that to be the case in order to take that seriously.

"Russia should not be occupying this piece of land and the government should be very clear about that and clear in terms of its actions."

The Federal Court ruled that last year's eviction order by the NCA was invalid. Until the intervention this month, it meant the Russian government could keep building an embassy on the plot from which it was kicked off.

The Prime Minister is not deterred. He said processes are under way for the Commonwealth to formalise possession of the site and it was anticipated that Russia would not be happy with Australia's response.

He was backed by the Home Affairs Minister.

"We are confident of our position. The national security concern we are seeking to manage is the proposal to build the second Russian National Embassy a stone's throw from Parliament House," Ms O'Neil said.

"We dealt with that matter very expeditiously and as the PM has said, a bloke sitting on a site is not a national security site for this country."

"Particularly when it is so cold out there," the Prime Minister added, before being reminded of Russia's famously cold climate.

But asked if the diplomat may be declared persona non grata and be deported, Mr Albanese repeated he was "confident that our position will be resolved".

The Canberra Times has reached out to the Russian Embassy but it has declined to comment or confirm aspects of the diplomatic fracas.