A minor High Court correction to a landmark ruling embodies how the recent NZYQ saga up-ended Australia's immigration detention system and shaken its political and legal institutions.
Sent to the federal government and the representatives of the Rohingya man known publicly as NZYQ , the High Court was contacting those who appeared in court to inform them it had made corrections to a landmark ruling.
It's also left the government facing questions about why it was caught so flat-footed given the court had given clear warnings about how it was likely to rule. The Coalition too is facing criticism for blatantly rejecting the law of the land in its bid to score political points. That was until his case reached the High Court, where his lawyers were tasked with convincing the seven justices that their predecessors had made a wrong call two decades earlier.That case is known as Al-Kateb vs Godwin. It centred on Ahmed Al-Kateb, a Kuwait-born Palestinian man who hadn’t inherited Kuwaiti citizenship at birth., unaware that decades later his arrival would help tear down a central pillar of the nation's immigration detention regime.
Lawyers inside the government had seen the High Court warnings coming down the pike and knew how consequential losing this case could be. It wasn't a shock that the court ruled against the government. What was stunning was how quickly it decided the case. Typically, the court would adjourn and then release its rulings and reasons at a later date.
In other words, is the person going to leave detention, be it into the Australian community, returned home or sent to a third country, in the foreseeable future? If not, they can no longer be detained.Within an hour of the court ruling, the ABC contacted the offices of Home Affairs Minister Clare O'Neil and Immigration Minister Andrew Giles seeking their response to the landmark decision.
"The plaintiff has been released — as ordered by the High Court. Other impacted individuals will be released and any visas granted to those individuals will be subject to appropriate conditions."Fewer than five for people smuggling, crimes of serious international concernThe Coalition was quick to slam the government, accusing Labor of putting community safety at risk by releasing more detainees than just NZYQ.
The new laws imposed curfews, the use of electronic monitoring devices and obligations to report to authorities. They also made breaching visa conditions a criminal offence which could be punished by up to five years' jail.three challenges to the High Court over the use of ankle bracelets had been discontinued
Policy Indefinite Detention NZYQ High Court Al-Kateb
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