High Court of Australia: Indefinite Immigration Detention Unlawful

Yesterday, the chief justice of the High Court of Australia (Stephen Gageler) reported that “at least a majority” of the justices will hold that indefinite immigration detention is unlawful.

Australia has been holding noncitizens indefinitely in immigration detention pursuant to sections of the country’s Migration Act and in accordance with a decision called Al-Kateb from some 20 years ago.

The underlying case concerns NZYQ, a “stateless Rohingya man” unable to be resettled in any country due to his criminal conviction for sexual abuse of a minor. NXYQ is to be released.

The court’s decision is not yet published. It is estimated the court’s decision will trigger the release of another 92 individuals.

For more coverage of this story, check out the BBC, Human Rights Watch, and the Guardian.

-KitJ