All seven justices of the High Court were of the opinion that indefinite immigration detention for people with no prospect of deportation was unlawful, according to reasons published by the court this afternoon.

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    11 months ago

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    All seven justices of the High Court were of the opinion that indefinite immigration detention for people with no prospect of deportation was unlawful, according to reasons published by the court this afternoon.

    The decision centred on the case of a Rohingya man, who had been in immigration detention after serving a sentence for child sex offences and could not be deported.

    The ruling was handed down earlier this month, and overturned a two-decade-old precedent effectively allowing indefinite detention.

    The High Court’s reasons show the judges decided to overturn that case from 2004 because they found it was “incomplete and, accordingly, inaccurate” in suggesting that indefinite detention was lawful because it made someone available for deportation at some later stage.

    The judges said the principle couldn’t apply if other countries weren’t prepared to accept someone Australia wanted to deport.


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