High court to publish reasons for indefinite detention ruling
Paul Karp
The high court will this afternoon (at 2:15pm – right in the middle of question time!) deliver its reasons for its 8 November ruling that indefinite immigration detention is unlawful.
The decision led to the release of a stateless Rohingya man because there was “no real prospect of his removal from Australia becoming practicable in the reasonably foreseeable future”.
The court gave its order without the full reasons, as it occasionally does for urgent cases such as this one involving the plaintiff, NZYQ’s, liberty. So far, we know that the court overturned the 20-year-old decision of Al-Kateb which decided indefinite detention was lawful.
The decision has resulted in 141 people so far being released from immigration detention because they, similarly, cannot be deported, and an emergency package of legislation agreed between Labor the Coalition.
The publication of the court’s reasoning will assist parliament, if they want to make any amendments to emergency laws, and lower courts which are already hearing applications from others who think they should be released as a result of the NZYQ decision.
It also might set off a new round of releases, depending how the court explains how difficult deportation has to be before there is no real prospect.
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The high court will this afternoon deliver its reasons for its recent ruling that indefinite immigration detention is unlawful. It is hoped the release of the court’s reasoning will help parliament if it wants to make any amendments to emergency laws, along with lower courts, which are already hearing applications from others who think they should be released as a result of the NZYQ decision. Today also sees the launch of campaign for a royal commission into Australia’s detention regime fronted by the independent MP Kylea Tink, former detainee Behrouz Boochani and Amnesty. More coming up.
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