A remarkable thing happened at the height of lower house debate about Labor ’s emergency bill to respond to the high court ruling on indefinite detention. The Coalition had been hammering the Albanese government for not being better prepared in the event of losing the case and that they should have had legislation ready to go.
a preliminary hearingAt that hearing justice Jacqueline Gleeson said the chances of the government being able to deport the plaintiff, NZYQ – which is supposed to be the purpose of immigration detention – seemed “hopeless”.It troubled her that “no one may be turning their mind to the inevitable deterioration of a person who is in a situation of hopelessness”. But there were warning bells long before about how shaky the 2004 decision of Al-Kateb – which determined indefinite immigration detention was lawful – really was. The shadow immigration minister, Dan Tehan, last week gave another critical date: Labor “had a briefing in 2021, when they were in opposition, which showed that this decision was possible
Source: Law Daily Report (lawdailyreport.net)
Labor Emergency Bill High Court Ruling Indefinite Detention Coalition Albanese Government Deportation Plaintiff Immigration Detention Warning Signs 2004 Decision
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