NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37
Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.
What was at stake
Whether indefinite immigration detention of a non-citizen who cannot be removed in the reasonably foreseeable future is within Commonwealth power.
What the court decided
Indefinite detention where there is no real prospect of removal in the reasonably foreseeable future is punitive and beyond the power conferred by the Migration Act and the Constitution. Overruled Al-Kateb v Godwin and ordered release. A landmark reversal.
Categories
Authoritative link
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