Australia's top court has ruled that the government's power to detain a person indefinitely in immigration detention is unlawful.
The landmark ruling overturns a 20-year-old precedent that has been central to Australia's border policies. It could trigger the release of dozens of people in immigration detention who cannot return to their home countries, the Human Rights Law Centre says.
The solicitor general has warned it could also lead to compensation claims. The case, heard before the High Court of Australia on Wednesday, involved a stateless Rohingya man who faced the prospect of lifelong detention because no country would resettle him due to a criminal conviction.
The government had argued that his detention was lawful as they intended to remove him from the country – despite their inability to do so.
The result overturns a previous case known as Al-Kateb v Godwin. In that verdict, the High Court had found that indefinite detention was lawful even in circumstances where deportation was not possible.
— CutC by bbc.com
