The landmark High Court decision on November 8 resulted in the potential release of refugees detained indefinitely, bringing them the prospect of stepping foot on Australian streets. The ruling deemed indefinite immigration detention unlawful, effectively overturning a 20-year-old precedent. The court stated that at least 92 detainees unable to return to their countries of origin could be released, with another 340 detainees in long-term detention potentially following suit. Immigration Minister Andrew Giles reassured that the Albanese government is considering the judgment’s implications and will uphold community safety while working with authorities. He emphasized that other impacted individuals would be released with visas subject to appropriate conditions.
The announcement by the immigration minister comes after the Coalition expressed concerns over the release of detained refugees who committed serious offenses or violated character provisions. Senator Paterson expressed fears over the potential release of hundreds of non-citizen criminal offenders into the Australian community and urged the Albanese government to take measures to ensure community safety. Meanwhile, the United Nations’ refugee agency welcomed the ruling, noting that depriving refugees of their liberty is only justifiable as a last resort and when necessary. The agency believed that the decision has the potential to align Australia’s immigration detention practices with international law.
The High Court decision overturned the 2004 ruling that deemed indefinite detention of a refugee lawful as long as the government could relocate the person to another country. In the case of NZYQ, a stateless Rohingya man from Myanmar, the High Court ruled in his favor, deeming his detention unlawful as there was no “real prospect” of his removal from Australia. Solicitor-General Stephen Donaghue, KC, argued before the High Court that overturning the 2004 case would allow those with bad character to enter Australia, to which Greens immigration spokesperson Nick McKim hailed the ruling as “long-overdue.” The average period of immigration detention by the Australian government is noted to be 708 days, with 124 people detained for over five years, many of whom are stateless.