Australian High Court: Indefinite Detention Ruled Unconstitutional
over 1 year ago
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Source: High Court of Australia
TL;DR
The High Court of Australia delivered a historic ruling establishing that indefinite executive detention is unconstitutional if there is no real prospect of removal in the foreseeable future.
The High Court of Australia delivered a historic ruling in NZYQ v Minister for Immigration, establishing that indefinite executive detention is unconstitutional if there is no real prospect of removal in the foreseeable future.
This landmark decision overturned a 20-year precedent from Al-Kateb v Godwin (2004) and emphasised the fundamental principle that detention without prospect of removal is punitive and violates the separation of powers doctrine embedded in the Australian Constitution.
The Court ruled that executive detention under a statutory scheme is not constitutionally permissible if there is no real prospect of the non-citizens removal from Australia becoming practicable in the reasonably foreseeable future. This principle has since been applied in numerous subsequent cases, resulting in the release of detainees who had been held indefinitely.