The High Court of Australia Rules: Release Illegals Held in Indefinite Detention By James Reed

Here is a story for those who have a starry-eyed view of the Australian legal system. The High Court has ruled that illegals held in indefinite detention must be released into the community, even an illegal who raped a 10-year-old boy! People like him are stateless, and cannot be deported. The High Court over-ruled Australia’s immigration laws that had been in effect since 1992, along supposed international law demands.

And, the legal fees for this will be paid for by you, the tax payer.

“A refugee who raped a 10-year-old boy will be immediately let out into the community after the High Court decided his indefinite immigration detention is unlawful.

The landmark ruling delivered on Wednesday would force the release of 92 other non-citizens being held in detention who cannot be deported to their home countries. 

The court found in favour of a Rohingya paedophile - known in proceedings only as NZYQ - who has been in detention since serving a prison sentence for child sexual abuse.

The Rohingya are a stateless Islamic people who reside in western Myanmar near the border with Bangladesh, where they are persecuted.

Because the Rohingya are not citizens of Myanmar - who consider them Bengalis and not a distinct ethnic group - NZYQ cannot be deported there.

NZYQ arrived in Australia by boat in 2012 and had his bridging visa cancelled in 2015 when he pleaded guilty to having sexual intercourse with a 10-year-old child.

He was transferred to an immigration detention centre in May 2018 after serving a minimum sentence of three years and four months and being denied a 'safe haven enterprise' visa. 

Until the High Court ruling, NZYQ faced the prospect of remaining in immigration detention for the rest of his life. 

He will now be released into the community and the Commonwealth will pay his legal costs. 

The case is the first to be heard since Stephen Gageler, a former solicitor-general who has sat on the High Court bench since 2012, was sworn in as Chief Justice on Monday. 

Lawyers for NZYQ, who is aged in his late 20s, argued it was unconstitutional to hold a person in detention when there was no chance of them being deported. 

His case was supported by the Human Rights Law Centre and the Australian Human Rights Commission.”

Australia on Friday announced it would begin releasing immigrants held in indefinite detention.

This landmark decision comes after Australia's High Court ruled against indefinitely holding immigrants, marking a significant shift from the country's longstanding policy.

The ruling was prompted by the case of a stateless Rohingya man, previously detained for child sexual offenses and unable to be deported.

Change in Australia's asylum policy

The High Court ruled on Wednesday that indefinite detention was "unlawful" if deportation was not an option, overturning laws that formed the bedrock of Australia's immigration policy since 1992.

Under the earlier policy, Australia aimed to discourage new arrivals by threatening anyone arriving without a visa with imprisonment, irrespective of a person's individual situation.

The ruling challenges a 2004 decision permitting indefinite detention and aligns more closely with international law, as advocated by the UN Refugee Agency (UNHCR).

"UNHCR has expressed grave concerns over the last decades about arbitrary and indefinite detention in Australia," Adrian Edwards, UNHCR regional representative for Australia, New Zealand and the Pacific, said in a statement, adding that the decision has the potential to begin to align Australia's immigration detention practices with international law.

How rights activists reacted to the ruling on indefinite immigration

Immigration Minister Andrew Giles announced the Rohingya man's release and stated that other detainees in similar situations will also be freed.

According to court documents, the man arrived in Australia by boat in 2012, was convicted of child sexual offenses in 2015 and, after over three years in jail, was moved to immigration detention in 2018.

The government is awaiting the High Court's full decision.

According to the AFP news agency, this ruling affects about 90 individuals who cannot be deported to their home countries.

Many of the detained asylum-seekers are held over concerns over their character or potential threats they may pose to national security.

"This has life-changing consequences for people who have been detained for years without knowing when, or even if, they will ever be released”, said Sanmati Verma of the Human Rights Law Centre.

The Refugee Council of Australia welcomed the decision, saying indefinite detention had "always been morally wrong and unlawful under international human rights law."




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Saturday, 24 February 2024

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