2023-11-14 10:57:00
Melbourne: Dozens of people are freed from immigration detention after the Australian High Court ruled that indefinite detention is illegal. The High Court pointed out that arbitrary detention of refugees is a violation of international law.
The court also stated that despite pointing out that arbitrary detention is legal according to the 2004 decision under the domestic law of Australia, successive Australian governments continue to do so. But on November 8, the High Court ruled that the government’s action was criminal at all levels.
Josephine Langbien, senior counsel at the Human Rights Law Center, said the court’s observation was a “significant decision” and would make a big difference in the lives of people who have been in detention for years.
Josephine Langbien pointed out that through the court process, people who have lost a good part of their lives can regain their freedom and have the opportunity to return to their families and countries.
He said that although Australia has resettled 13,500 refugees through the United Nations High Commissioner’s Program, refugees arriving from Indonesia are being detained using other means.
Since 2013, Australia has implemented Operation Sovereign Borders. The Australian government describes the plan as a ‘military-led border security operation’.
Meanwhile, Human Rights Watch, Amnesty International and other human rights organizations have previously argued that arbitrary detention violates international law, including the UN Refugee Convention. The provision envisages that the UN Refugee Convention prohibits arbitrary detention of refugees and that seeking asylum is not illegal.
Content Highlight: Australian High Court rules indefinite detention of refugees illegal
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