Detained while we decide: Australian government fights for power to detain protection visa applicants

Two non-citizens want landmark NZYQ decision extended to people who remain in detention while their protection visa applications are processed

Australia’s constitution allows the government to detain non-citizens while their protection visa applications are processed, even if they will be released after a decision either way.

That is what the commonwealth will argue in two challenges before the high court on Thursday, urging it to reject the cases that seek to extend the landmark NZYQ decision on indefinite detention to a new cohort of people in immigration detention.

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Law (Australia) | The Guardian