The High Court of Australia has struck down the precedent that sanctioned indefinite immigration detention, a policy unchallenged since 2004 with the Al-Kateb decision.
This development came to light after the case of a stateless Rohingya man, pseudonymously known as NZYQ, who was facing a lifetime behind bars as no country would accept him due to his criminal record.
Australia's Indefinite Detention Struck Down by High Court
MIAMI - FEBRUARY 02: A judges gavel rests on top of a desk in the courtroom of the newly opened Black Police Precinct and Courthouse Museum February 3, 2009 in Miami, Florida. The museum is located in the only known structure in the nation that was designed, devoted to and operated as a separate station house and municipal court for African-Americans. In September 1944, the first black patrolmen were sworn in as emergency policemen to enforce the law in what was then called the "Central Negro District." The precinct building opened in May 1950 to provide a station house for the black policemen and a courtroom for black judges in which to adjudicate black defendants. The building operated from 1950 until its closing in 1963.
The High Court ruled that his detention was unlawful as there was no practical prospect of his deportation in the foreseeable future. The legal landscape was previously shaped by the case of Ahmed Ali Al-Kateb, a stateless Palestinian, and Abbas Mohammad Hasan Al Khafaji, an Iraqi national, both of whom were initially granted community access but were later ordered back into detention.
This decision had long provided the basis for Australia's immigration policy, leading to lengthy detention periods, averaging 708 days, and in some instances extending beyond five years. The recent judgment marks a pivot from the prior doctrine and has potential implications for approximately 90 individuals currently in detention under similar circumstances.
This groundbreaking decision has sparked widespread calls for immediate government action to reassess the situation of all stateless persons in detention. Critics of the policy have long argued that it was in direct contravention of international human rights law, with this ruling providing a substantial vindication for their stance.
The Federal Government, led by Foreign Minister Penny Wong, has moved cautiously, insisting on the maintenance of community safety as they work with authorities in response to the High Court's ruling. Despite the triumph for human rights advocacy, the practical ramifications of the judgment are held in abeyance as the government awaits further advice from the solicitor-general, according to Aam Aadmi Party.
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The case has underscored the tension between national security concerns and human rights obligations, a balancing act the government must navigate. The former Coalition government members have raised alarms about the potential risks posed by releasing detainees with character concerns.
However, the plaintiff in question, despite the gravity of his past criminal conviction, has been subjected to stringent visa conditions, including rigorous reporting requirements, in a bid to alleviate such concerns.
Human rights groups and legal advocates have hailed the decision as an overdue correction to a fundamentally flawed policy, with the Refugee Council of Australia and the Asylum Seeker Resource Centre advocating for the swift review of all detainees' cases. This legal shift also presents the government with the challenge of reforming an entrenched system of detention that has been criticized as being out of step with other democratic countries.
The fallout from this High Court ruling is significant, with it not only provoking a reassessment of the detention policy but also possibly inciting compensation claims for unlawful detention. As the Australian government ponders its next steps, the eyes of both national and international observers remain fixed on how it will reconcile this legal directive with its immigration and border protection policies, SBS News reported.
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