Australian Atheists Forum

Indefinite immigration detention is unlawful, the high court has held, in a landmark decision overturning a 20-year-old precedent.

The result overturns the case of Al-Kateb, which had authorised indefinite detention of non-citizens without a valid visa even in circumstances where it is impossible to deport the individual.

On Wednesday the chief justice, Stephen Gageler, said that “at least a majority” of the justices agreed that sections of the Migration Act which had been interpreted to authorise indefinite detention were beyond legislative power.

The home affairs department believes the result could trigger the immediate release of 92 people who cannot be returned to their country of origin, including refugees and stateless persons, with the detention of a wider cohort of 340 people in long-term detention also in doubt.