The judgment allows a man who was unlawfully detained to claim compensation from the government. It’s the latest in the ongoing fallout of the “NZYQ” case.
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The non-citizens in the NZYQ group cannot be returned to their country of origin. But sending them to Nauru just pushes the issue onto a poorer country.
the Nauru parliament announced a deal between the Home Affairs Minister and Nauru for that country to accept up to 280 former immigration detainees from Australia.
Two vexed issues – how Australia manages immigration detainees with criminal records, and balancing free speech vs hate speech – once dominated news headlines. Not anymore.
One concern is the precedent this agreement with Nauru sets for how other countries may treat refugees with criminal convictions.
The High Court has struck down the Albanese government’s law enabling it to impose ankle bracelets and curfews on the more than 200 non-citizens it released from immigration detention in 2023
The government is giving a new Ministerial Direction to the AAT on visa cases, telling it to make community safety paramount in considering appeals from non-citizens with serious criminal records.
Senator James Paterson, Shadow Minister for Home Affairs and Cyber Security joins us to discuss the Coalition's position on the bill, as well as the issue of handling the former detainees.
The bill, which aims to force people to cooperate in their own deportation, was subject to an inquiry. The government wants to proceed with the bill unchanged, despite widespread community concerns.
In the dissenting report to the deportation bill, the Coalition says it supports the policy intent of the legislation but has significant concerns about potential unintended consequences.
A significant number of the former detainees have run foul of the law since their release. After the matter was reported, the ministers did a single interview each as they tried to dodge the spotlight.
The government is rushing legislation through parliament to crack down on unlawful immigrants. In a further reaction to the high court decision late last year.
The Government has been under sustained questioning in parliament after it was revealed the federal government has so far not applied to have any of those released from immigration detention to be re-detained.
The Albanese government has passed a new preventative detention regime in response to a recent High Court ruling – but there are several ways it may be open to challenge.
The High Court judges unanimously held that a person must be released from immigration detention where there is no real prospect of them being deported in the foreseeable future.
Top contributors
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Professorial Fellow, University of Canberra
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Professor and Director, Kaldor Centre for International Refugee Law, UNSW Law & Justice, UNSW
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Lecturer, School of Law & Criminology, Murdoch University
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Associate Professor, School of Law, Murdoch University
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PhD Candidate, Kaldor Centre for International Refugee Law, UNSW Sydney, UNSW
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Professor Emerita in Constitutional Law, University of Sydney
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Associate Professor of Law, Faculty of Law and Justice, UNSW