The news that it may no longer be lawful to detain thousands in Australia and it could cause the government to completely end its mandatory detention policy as it is known. The decision by the high court was released today.
The government were granting temporary visas to those who were seeking asylum and this latest decision has opened up a legal loophole. It is reported that the visas were being issued as the government had not managed to force their request for temporary protection visas through Parliament and it now looks as if that will never happen. As these visas that have been issued were stopping the application of permanent visas so there could be a lot of applications appearing in the very near future.
It was shocking to some to learn that there was at the present time np limits on the detention of immigrants but that has now been rectified. There was also not a clear list when it came to the reasons that could be used for detention.
The new law means that there are only three reasons that can be used for detention. They are in order to consider the suitability of applying for a visa, considering the application or when the decision has been made to remove someone.
The detention is only going to be considered lawful if the reasons given are “pursued and carried into effect as soon as reasonably practicable” the court has said. The decision is now going to be the only way forward as it has been reported that the parliament will not be able to add other legislation in order to change it.
In reality it has been revealed that for the thousands who arrived in Australia prior to July 2013 must now either be removed from detention or the process of assessing their suitability to sty must begin. If this does not happen then the case can go to the courts and it is now against the law to imprison someone without knowing that the action is definitely needed.
This has come at the end of a long period of mandatory detention in Australia where the rights of asylum seekers have been given and removed regularly.
In the last 12 months detention time has gone to 350 days from just 100 days and it is estimated that there are 4,000 currently being held.
This decision means that the government know has a clear path it must follow.