Labor Scrambles to Patch Hole Left by High Court Ruling on Foreign Detainees

The Australian federal government is pushing through legislation to counter the effects of the High Court’s landmark decision last month which ruled indefinite immigration detention was unlawful. It overturned a 20-year precedent, reversing the Al-Kateb case, which held that indefinite detention of non-citizens without a valid visa, even when it is impossible to deport them, was lawful. All seven justices agreed that sections of the Migration Act which had previously been interpreted to authorise the measure went beyond legislative power. The review was triggered by the case of NZYQ, who was born in Burma (also known as Myanmar) and arrived in Australia by boat as a teenager in 2012....