Indefinite immigration detention ruled unlawful by High Court

The successful challenge was brought by a plaintiff with the pseudonym NZYQ - whose visa was cancelled because he was convicted of child sex offences - after his legal team argued it was unconstitutional for the Commonwealth to continue to hold a person when there was no prospect of leaving Australia.Shannon Morris

“He is not a citizen of any other country and he has no travel document. He is a stateless person,” Lenehan told the court on Tuesday. The man had been detained since he was paroled in 2018, and several attempts were made to deport him. Sanmati Verma, acting legal director at the Human Rights Law Centre, said the decision meant an end to the precedent set by, which “allowed the government to lock people up in immigration detention potentially for the rest of their lives”.

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