Nauru Refugees: Indefinite Detention Violates High Court Ruling
Despite the High Court declaring indefinite detention of refugees unlawful, the Government continues to send refugees back to Nauru indefinitely.
High Court Landmark Decision
In November 2023, the High Court of Australia unanimously ruled that indefinite immigration detention is unlawful, overturning the 2004 Al-Kateb v Godwin precedent. The ruling emphasized that detention for removal purposes must only last if removal is reasonably foreseeable.
Impact on Refugees
Of the 354 men affected by this ruling, over 300 are refugees, both children and adults. The remainder are stateless or unable to return to their birth countries. Their visas were cancelled for various reasons, but political discourse and media focus have highlighted only the most serious cases, similar to debates seen during the Medevac legislation in 2019.
Government Response and Legislative Attempts
- Since the NZYQ ruling, several legislative attempts have aimed to weaken the separation of powers.
- Efforts include introducing preventive detention measures, which were unsuccessful.
- The Government tried to impose punitive visa conditions such as ankle bracelets, also unsuccessful.
- Attempts to refuse due process are ongoing and currently being challenged.
Back to Nauru they go. Image: Human Rights Watch
Broader Context
The ongoing exile of refugees to Nauru raises significant human rights concerns, intersecting with issues of climate displacement and Australia’s controversial offshore processing policies.
Exile to a vanishing shore: human rights, climate and the Nauru ‘solution’
Author's summary: The Australian Government’s continued indefinite detention of refugees on Nauru openly defies a High Court ruling and prompts serious legal and human rights challenges.
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