High Court of Australia overturns Al-Kateb.
9 November 2023
Yesterday the High Court delivered a landmark ruling, holding the indefinite detention regime under the Migration Act to be unconstitutional, overturning the Al-Kateb decision. The case, NZYQ v Minister for Immigration, concerned a stateless Rohingya man who had been in immigration detention for five years. At the conclusion of a two day hearing, the Court pronounced orders including a writ of habeas corpus requiring the plaintiff’s release from detention. Written reasons will follow.
Ruth Higgins SC, Adam Hochroth and Kate Bones appeared on behalf of the Human Rights Law Centre and the Kaldor Centre for International Refugee Law appearing as amici curiae. Megan Caristo appeared on behalf of the Australian Human Rights Commission with Patrick Knowles SC.