PROJECT | Migration Justice 

From 2004 to 2023, the Australian Government was able to lock people up indefinitely simply because they did not have a visa. Some people were trapped in immigration detention for more than a decade. One person was there for nearly 16 years.   

In November 2023, the Human Rights Law Centre played a key role in overturning indefinite immigration detention as amicus curiae (friend of the court) in the landmark case of NZYQ, when the High Court ruled that it was unlawful and unconstitutional for the Australian Government to detain people indefinitely in immigration detention “where it was not practical in the foreseeable future that they could be removed”. 

In May 2024, we supported our client, Ned Kelly Emeralds to intervene in the High Court case of ASF17, which determined the power of the Commonwealth to detain people who could not cooperate with their own removal from Australia.  

Despite the limits introduced in these cases, the Australian Government has not proactively identified people still subject to indefinite detention and arranged for their release into the community.  

The decision to deprive people of their liberty cannot not be left exclusively in the hands of governments.  

We are working with people still facing indefinite detention to continue defending everybody’s right to live in safety. We will continue to fight to ensure people who have lost years of their lives have a pathway to freedom. 

And we will continue to call for an independent body to monitor and enforce the rights of people in immigration detention.