French
DeutschNZYQ v Minister for Immigration
| NZYQ v Minister for Immigration | |
|---|---|
 | |
| Court | High Court of Australia |
| Full case name | NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs |
| Decided | 28 November 2023 |
| Citation(s) | [2023] HCA 37 |
| Court membership | |
| Judge(s) sitting | Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJ |
| Laws applied | |
This case overturned a previous ruling | |
| Al-Kateb v Godwin | |
NZYQ v Minister for Immigration was a 2023 decision of the High Court of Australia. It was the first judgment of the Gageler Court.
It is an important case in Australian constitutional law. It is notable for having overturned the precedent of Al-Kateb v Godwin, a 2004 decision of the Gleeson Court which had held that legislation enabling the indefinite detention of stateless persons was constitutionally valid.
With Al-Kateb overturned, it followed that the legislation allowing for the detention of the anonymous plaintiff 'NZYQ' was unconstitutional; and that his detention by the Commonwealth was unlawful.
Background[edit]
The case concerned a stateless Rohingya man (anonymously referred to as 'NZYQ') born in Myanmar, who had arrived in Australia by boat in 2012.[1] The person was subject to indefinite detention in Australia.
Indefinite detention in Australia was regarded as lawful in Australia under a limited set of circumstances due to the court's prior ruling in Al-Kateb v Godwin. NZYQ sued the Commonwealth and argued that the decision in Al-Kateb should be overturned.
Judgement[edit]
The court unanimously overturned the 2004 decision in Al-Kateb v Godwin, a precedent that the Commonwealth sought to rely upon to support legislation enabling the indefinite detention of stateless persons in certain circumstances.
With Al-Kateb overturned, it followed that the legislation enabling the detention of NZYQ was constitutionally invalid. Without supporting legislation, it followed that the Commonwealth did not have a lawful basis to continue detaining NZYQ, and the court demanded his release.[2][1]
Aftermath[edit]
The case resulted in the court effectively requiring the immediate release of 149 men from Australian immigration detention. Almost all of those released had criminal histories, the majority (116) being violent offenders, some being convicted murderers; they were said to be a danger to the community, creating political issues for the Albanese Government.[3][2] The government responded by legislating a regime imposing strict visa conditions on the group of people released, with mandatory minimum carceral sentences of one year for those breaching the conditions.[4]
References[edit]
- ^ a b Judgment Summary, NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37. Available here: https://www.hcourt.gov.au/assets/publications/judgment-summaries/2023/hca-37-2023-11-28.pdf
- ^ a b "In just 16 minutes, the High Court made a decision that put Albanese in a tight spot". ABC News. 2023-11-09. Retrieved 2023-12-15.
- ^ {{Cite news |date=2024-02-14 |title=NZYQ Ruling released 149 detainees, including 7 convicted for murder |language=en-AU |work=7 News AU |url=https://7news.com.au/news/nzyq-ruling-released-149-detainees-including-seven-convicted-of-murder-or-attempted-murder-in-australia-c-13563334 |access-date=2024-03-13
- ^ Twomey, Anne (2023-12-13). "New laws to deal with immigration detainees were rushed, leading to legal risks". The Conversation. Retrieved 2023-12-15.
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