High Court rejects challenge to offshore detention

The High Court struck down a constitutional challenge to Manus Island and Nauru on 18 June. The High Court decision has ruled that as long as the Immigration Minister forms an opinion that it is “in the national interest” and that asylum seekers can be accommodated, there are no restrictions on which country can be designated as a regional processing centre.

It does not matter whether or not the designation or treatment of the asylum seekers beaches international obligations. Nor does it matter whether or not the receiving country upholds human rights or beaches international obligations; nor the conditions in detention or whether or not asylum seekers are processed in the receiving country.

Just as the High Court has previously found that indefinite mandatory detention is lawful, now according to the law, the Minister has untrammeled powers to send asylum seekers offshore.

This won’t be the last legal challenge to the cruelty of offshore processing. But it is a sharp reminder in Refugee Week that freedom for refugees is not going to be won in the courts—one more very good reason to demonstrate and build the parliament of the streets.


Solidarity meetings

Latest articles

Read more

Labor’s permanent visas announcement leaves thousands behind

Labor’s announcement on permanent visas has been overshadowed by the fact that thousands of other refugees have been left in a hell of uncertainty.

Albanese leaves refugees behind in PNG

Anthony Albanese visited PNG in January, but said nothing of the refugees who had been sent to Manus Island in 2013 when he was deputy prime minister in the Rudd Labor government that imprisoned them offshore.

Refugees have unfinished business with Labor

On 29 November more than 1000 refugees rallied on the lawns of Canberra’s Parliament House to once again demand Labor make good on its pre-election promise to grant permanent visas to refugees on temporary visas.



Please enter your comment!
Please enter your name here