[The court’s decision finally provides clarity about the limits of mandatory detention.] Today’s high court verdict, which dealt another blow to the federal government’s plans to give asylum seekers temporary protection visas, set significant new limits on Australia’s policy of mandatory detention. It will throw into doubt the legality of detention of thousands of people in Australia, potentially spelling the end for Australia’s mandatory detention regime as we know it. More importantly, and for the first time, the court clearly set out the constitutional limits on immigration detention. It was previously unclear for what purposes the government could detain non-citizens. The court has now clearly stated that the government can only lawfully detain someone in three circumstances: to consider whether or not to let someone apply for a visa; to consider an application for a visa; or to remove someone. Detention is only lawful if these purposes are being “pursued and carried into effect as soon as reasonably practicable”, the court held. The length of detention must be assessed by what is “necessary and incidental” to execute and fulfil those purposes. These limits on detention are constitutional. In other words, Parliament cannot override them by introducing new legislation. Since September 2013, the average time spent in detention facilities in Australia has risen from 100 to 350 days, and there are currently nearly 4,000 asylum seekers in detention facilities. These numbers don’t include asylum seekers living in detention in the community. Today’s case sets clear limits to the government’s power to detain asylum seekers indefinitely, without review or consideration of individual cases. In doing so, the high court has reaffirmed the role of judges in reinforcing the rule of law in Australia. theguardian/commentisfree/2014/sep/11/high-court-verdict-spells-the-end-for-australian-immigration-detention-as-we-know-it?CMP=soc_567
Posted on: Thu, 11 Sep 2014 11:02:31 +0000