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Is Indefinite Detention Punitive? Who Can Impose It? We Have An Answer!

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Manage episode 409223587 series 2951036
Content provided by DM Podcasts and Minnimal Productions. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by DM Podcasts and Minnimal Productions or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

In this episode recorded on 19 December 2023, the wigs analyse the decision of the High Court in NZYQ v Minister for Immigration 2023 HCA 37, one of the most important public law decisions in recent decades which was handed down on 28 November 2023. In the decision, the court unanimously overturned an earlier decision in Al-Kateb. It held that long-standing constitutional principles forbid indefinite detention of non-citizens who cannot be removed from Australia. The judgment has been massively controversial and the federal parliament legislated in December last year in response to it to create a system of monitoring and regulation applying to those persons affected directly by the decision. We do apologise for the delay in releasing the episode but we hope it's still an interesting and useful discussion of one of the most important principles in Australian constitutional law, that detention is prima facie punitive and can generally only be imposed by a court following an adjudication of guilt.

See omnystudio.com/listener for privacy information.

  continue reading

71 episodes

Artwork
iconShare
 
Manage episode 409223587 series 2951036
Content provided by DM Podcasts and Minnimal Productions. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by DM Podcasts and Minnimal Productions or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

In this episode recorded on 19 December 2023, the wigs analyse the decision of the High Court in NZYQ v Minister for Immigration 2023 HCA 37, one of the most important public law decisions in recent decades which was handed down on 28 November 2023. In the decision, the court unanimously overturned an earlier decision in Al-Kateb. It held that long-standing constitutional principles forbid indefinite detention of non-citizens who cannot be removed from Australia. The judgment has been massively controversial and the federal parliament legislated in December last year in response to it to create a system of monitoring and regulation applying to those persons affected directly by the decision. We do apologise for the delay in releasing the episode but we hope it's still an interesting and useful discussion of one of the most important principles in Australian constitutional law, that detention is prima facie punitive and can generally only be imposed by a court following an adjudication of guilt.

See omnystudio.com/listener for privacy information.

  continue reading

71 episodes

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