A group of detainees have walked free from Australia’s immigration detention facilities after the High Court ruled that the Immigration Minister’s power to cancel visas was limited.
The landmark decision, which was handed down on November 14, 2023, could have far-reaching implications for the Australian government’s ability to deport people who have committed crimes or who are considered to be a threat to national security.
The case involved a group of detainees who had been held in immigration detention for several years after their visas were cancelled.
The detainees argued that the Immigration Minister’s power to cancel visas was unconstitutional because it gave the Minister too much discretion and did not provide for adequate judicial oversight.
The High Court agreed with the detainees, ruling that the Immigration Minister’s power to cancel visas was limited to cases where the Minister could show that the person’s presence in Australia was a threat to the public interest.
The Court also found that the Minister’s decision to cancel a visa was subject to judicial review.
The decision was welcomed by human rights groups, who said it would protect people from being arbitrarily detained and deported. The Australian government said it was disappointed with the decision, but would respect the Court’s ruling.
The release of the detainees is a significant victory for human rights and the rule of law in Australia. The decision sets an important precedent and will make it more difficult for the government to deport people without due process.