Well it was a majority decision by the High Court judges that a part of Australian immigration law conflicted with the Australian Constitution and they issued an order that the Government is obligated to obey with their reasons to follow. To get around the problem the Government probably need to change the laws so that only judges decide the punishment not pollies and their representatives.
The following orders should be made: 1.Itis declared that, by reason of there having been and continuing to be no realprospect of the removal of the plaintiff from Australiabecoming practicable inthe reasonably foreseeable future: (a) the plaintiff’s detention was unlawful as at 30 May 2023; and (b) the plaintiff’s continued detention is unlawful and has been since 30May 2023.
2.Awrit of habeas corpus issue requiring the defendants to release the plaintiffforthwith.
