Nauru Refugees: Indefinite Detention Breaches High Court Ruling
Despite a High Court ruling that declared the indefinite detention of refugees unlawful, the Federal Government continues to send refugees back to Nauru indefinitely.
High Court Decision on Indefinite Detention
In November 2023, the High Court of Australia unanimously ruled that indefinite immigration detention is unlawful. This landmark decision overturned the previous 2004 Al-Kateb v Godwin precedent by a 4-3 majority. The court clarified that detention for removal must only occur if removal is achievable within a reasonably foreseeable future.
Impact on Refugees and Legal Challenges
Of the 354 men affected by this ruling, over 300 were refugees, both children and adults. The remainder are either stateless or unable to be returned to their countries of birth. Their visas were cancelled for various reasons, yet politicians and media have focused only on the most serious cases, similar to the approach during the Medevac legislation debate in 2019.
Government Attempts to Undermine the Ruling
- Several legislative efforts in the two years following the ruling have aimed to weaken the separation of powers.
- Attempts included enacting preventive detention, which failed.
- The government also sought to impose punitive visa conditions such as ankle bracelets, also unsuccessful.
- Efforts to refuse due process are currently subject to legal challenges.
"Back to Nauru they go." – Human Rights Watch
"In November 2023, the High Court of Australia ruled indefinite immigration detention unlawful (NZYQ)." – Janet Pelly
Ongoing Human Rights Concerns
The government's continued policy of sending refugees back to Nauru raises significant human rights and legal concerns, especially as Nauru itself faces challenges from climate change and disappearing shores, complicating the ‘solution’ it represents.
Author’s summary: The Federal Government’s policy of indefinite detention and return of refugees to Nauru directly contradicts the High Court's 2023 ruling, prompting ongoing legal and human rights disputes.