In their reasoning, the justices cited an argument by the Commonwealth about how long authorities should be able to detain someone.
"The defendants, as a fallback from their primary submission, submitted that the constitutionally permissible period of executive detention of an alien who has failed to obtain permission to remain in Australia should be simply expressed as coming to an end when there is no real prospect of the removal of the alien from Australia," they said.
"The notions of practicability and of the reasonably foreseeable future were said to be unnecessary distractions.
"They are not. They are essential to anchoring the expression of the constitutional limitation in factual reality."
Immigration Minister Andrew Giles commented on the reasons being published during Question Time.
"The High Court has just handed down its reasons for the decision in the matter that led to this," Mr Giles said.
"The Commonwealth, of course, vigorously opposed the case brought by the plaintiff, I made that very clear.
"We'll be considering those reasons for decisions and, I hope, working with all members and indeed all senators to put in place a strong legal framework, an enduring legal framework for community safety."ABC LINK
Without taking a side, whether these people should be released or not, is what makes the difference between the HC Judges and our HC comrades.
its not only a matter of law though.
- these people have already served their time in prison as deemed fitting punishment for the offence they committed.
- yes there are some appalling people, thugs, rapists, drug runners and murderers.... and only they know what crimes they've committed that they haven't been caught for. its the same with all people who've been through the Justice process. but there are also those who've been in th bin for breach of AVO, 3rd count driving disqualified will also get you 12 months. we don't know all the offences by this now 140 people released.
- the only difference between these people and Aussies is they initially either came here as asylum seekers, or otherwise had their citizenship stripped.
some have been here from being children brought by their parents, were educated here, had health care, rode on buses or in cars on our roads, and to all intents and purposes were ordinary Aussies.
it costs around $250,000/yr to keep these people in the bin. is it worth keeping them locked up forever? just because the Gov Minister decided to remove their right to be here?
