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High Court reasons on immigration ruling pave way for further legislation
After ruling on November 8 that indefinite immigration detention is unlawful, the High Court today delivered its reasons for the decision that upturned 20 years of precedent.
Its ruling has required the release of some 140 people from immigration detention so far, and set off a political scramble to legislate in response to the outcome.
- The Conversation
The judgment, the first made by the court under new Chief Justice Stephen Gageler, was unanimous. It largely turned on questions of constitutional law and the limits of executive power.
The court made it clear that a person must be released from detention when there was no real prospect of them being deported in the…