Another high-stakes immigration case is being heard by the High Court this week that could affect up to 200 refugees currently being detained in Australia.
What’s the case all about? And could it have a similar impact to the High Court decision last November which resulted in the release of around 150 detainees, some of them convicted criminals?
Law professors Sara Dehm and Anthea Vogl answer these questions – and more – in their thorough overview of the case, which commenced yesterday.
According to Dehm and Vogl, the case will be closely watched by refugee advocates because it may result in further limits on the immigration minister’s power to keep people indefinitely in detention – in particular those who refuse to cooperate with the government’s efforts to deport them.
They note the case also highlights the failure of the “fast-track” system for processing asylum seekers who attempted to reach Australia by boat.
Like the Iranian at the centre of the High Court case, known by the pseudonym ASF17, these refugees had very little hope of success in what the authors call an unfair legal process, which the Albanese government now wants to scrap.
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Justin Bergman
International Affairs Editor
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Sara Dehm, University of Technology Sydney; Anthea Vogl, University of Technology Sydney
The case could result in further limits on the immigration minister’s powers to keep refugees in detention indefinitely.
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Flavio Macau, Edith Cowan University
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Milad Haghani, UNSW Sydney
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Amanda Cole, Edith Cowan University
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Euan Ritchie, Deakin University; Megan C Evans, UNSW Sydney; Yung En Chee, The University of Melbourne
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Michelle Grattan, University of Canberra
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Diana Kuchinke, Federation University Australia
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John Cairney, The University of Queensland; Richard Baka, Victoria University; Tracy Taylor, Victoria University
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Health + Medicine
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Giuliana Murfet, University of Technology Sydney; ShanShan Lin, University of Technology Sydney
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Chao Chen, RMIT University; Kok-Leong Ong, RMIT University; Lin Li, RMIT University
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Education
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Claire Breen, University of Waikato
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Melissa Cain, Australian Catholic University; Melissa Fanshawe, University of Southern Queensland
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Philip C. Almond, The University of Queensland
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Emmett Stinson, University of Tasmania
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