Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.
constitutional
HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.
HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.
High Court upheld constitutional validity of continuing detention order for convicted terrorist under Chapter III, finding preventive detention by court order consistent with judicial power.
Get a detailed analysis of NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs and how it applies to your situation.
Explain NZYQ v Minister for Immigratio...