Australia - November 2023

On 8 November, Australia’s High Court issued a landmark ruling determining that the country’s system of indefinite immigration detention is unlawful, resulting in the release of over 140 detainees. Human rights experts welcomed the ruling, which overturns nearly a two decade-long practice by Australian authorities of holding noncitizens without visas who could not be removed from the country (for example because they were stateless) in indefinite detention. Rights advocates praised the verdict as a positive step towards a more humane immigration system, though significant reforms are still needed. However, the ruling stirred controversy within the government, leading the parliament to enact preventative detention laws that re-detain those convicted of serious crimes. Emergency powers were hastily passed, mandating additional restrictions on released detainees such as ankle bracelets and curfews - a matter which is currently being challenged in the High Court. Rights experts have stressed that all people should be treated equally before the law, regardless of their visa status.

Sources: Human Rights Watch, Refugee Council of Australia, Australian Human Rights Commission, Amnesty International, ABC News (1), Australian Human Rights Law Centre, ABC News (2)