Australian Constitution

2004

Al-Kateb v Godwin

High Court of Australia(2004) 219 CLR 562

Key Principle

Indefinite detention of a stateless person held constitutionally valid where removal from Australia was not reasonably practicable

In a controversial 4-3 decision, the Court held that the mandatory detention of a stateless Palestinian man was constitutionally valid even though there was no real prospect of his removal from Australia. The majority held that detention for the purpose of removal did not become punitive merely because removal was not practicable. This decision was widely criticised and was overturned by NZYQ v Minister for Immigration in 2023.

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