Australia

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs

(2023) 97 ALJR 1005

JurisdictionAustralia

CourtHigh Court of Australia

Year2023

Statusunclear

Key Principle

The HCA held that indefinite administrative detention of a non-citizen who has no real prospect of removal is unlawful; such detention is punitive and thus a breach of Chapter III of the Constitution (overruling Al-Kateb v Godwin).

Area of Law

constitutional

Related Cases

Farm Transparency International v NSW (2022) 276 CLR 81

Palmer v Western Australia (2021) 272 CLR 505

Minister for Home Affairs v Benbrika (2021) 272 CLR 68

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