Australia and the World Past and Present

The Albanese government has been thrown into chaos following a High Court ruling on indefinite immigration detention in November of last year.

The decision had overturned 20 years of legal precedent and has caught the government off guard.

The case centered on a Rohingya man from Myanmar otherwise referred to as ‘NZYQ’.

He had arrived in Australia by boat in 2012 and was recognised as a refugee by the Australian government.

He was charged with rape in 2015 to which he pleaded guilty and he had his visa cancelled.

As a refugee, he was unable to return to Myanmar.

The man’s lawyers had to convince the High Court that a ruling made two decades ago (which said that indefinite detention was lawful) was wrong.

The government had expected that the High Court would take some months to deliver a verdict however, the Court delivered its ruling in a matter of minutes.

The Court set a new legal standard. If there is no real prospect of a detainee going to another country in the foreseeable future, then they can not remain in immigration detention indefinitely.

Following the High Court decision, the Labor government released around 150 people from indefinite immigration detention.

Some of these people had committed violent crimes in the past, drug trafficking, people smuggling and even murder.

Less than 5 had low level or no criminality.

They were released into the community on visas with conditions.

Following their release, some of the cohort have been charged with new offences.

Since the High Court decision, the federal government has been scrambling to find a way to deal with these individuals.

Immigration Minister Andrew Giles and Home Affairs Minister Clare O’Neil have been under increased scrutiny due to the situation.

The High Court decision on indefinite immigration detention has clearly caught the government off-guard. Six months on, the authorities have not managed to put in place adequate legislation to deal with the situation.