High court unanimously ruled indefinite detention was unlawful while backing preventive regime

Judges say NZYQ ruling doesn’t mean people couldn’t be locked up again ‘under a law providing for preventive detention’

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The high court has revealed its reasons for striking down indefinite immigration detention while suggesting a preventative detention regime could be legislated to re-detain non-citizens convicted of serious crimes.

On Tuesday, the court published its legal reasons in the case of NZYQ, revealing all seven justices decided earlier this month to overturn the precedent case of Al-Kateb which has underpinned Australia’s system of mandatory immigration detention since 2004.

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Law (Australia) | The Guardian