Nauru Refugees and Indefinite Detention
Despite a High Court ruling that declared indefinite detention of refugees unlawful, the Australian Federal Government continues to send refugees back to Nauru without a clear timeframe for their release.
High Court Decision on Indefinite Detention
In November 2023, the High Court of Australia unanimously ruled that indefinite immigration detention is unlawful. This landmark decision overturned the 2004 precedent set by Al-Kateb v Godwin, stating that detention for the purpose of removal must be tied to a removal that is achievable within the reasonably foreseeable future.
Impact of the Ruling
- Over 300 of the 354 men affected were refugees, both children and adults.
- Others included stateless individuals or those who cannot be returned to their birth countries.
- Their visas were revoked for various reasons.
"Where people are detained for the purpose of removal, that removal must be achievable in the reasonably foreseeable future."
Government Response and Legislative Attempts
Following the ruling, multiple legislative attempts have aimed to weaken judicial independence and continue restrictive detention policies. These include:
- Proposals for preventive detention, which have failed.
- Attempts to impose punitive visa conditions such as electronic ankle bracelets, also unsuccessful.
- Refusal to provide due process rights, currently under legal challenge.
Politicians and media often highlight only the most serious cases, similar to the approach during debates over the Medevac legislation in 2019.
Ongoing Issues
The policy of sending refugees back to Nauru persists amid concerns about human rights and the broader implications related to exile, climate impact, and regional solutions.
"Back to Nauru they go."
Exile to a vanishing shore: human rights, climate and the Nauru ‘solution’
Summary: The Australian Government’s continued practice of sending refugees to indefinite detention on Nauru violates the High Court’s ruling, reflecting ongoing struggles with legal and human rights challenges.
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