Australian Constitution

2023

NZYQ v Minister for Immigration

High Court of Australia[2023] HCA 37

Key Principle

Indefinite immigration detention is unconstitutional; overturned Al-Kateb v Godwin

In a unanimous decision, the Court overturned Al-Kateb v Godwin (2004) and held that the indefinite detention of a person with no real prospect of removal from Australia is unconstitutional. The Court reaffirmed the Lim principle that executive detention under the aliens power must be for a legitimate non-punitive purpose and cannot continue when that purpose can no longer be fulfilled. The decision resulted in the immediate release of approximately 149 immigration detainees.

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