High Court challenge fighting for Ned Kelly Emerald’s right to rebuild his life in safety.

NEWS | Migration Justice

Our client, Ned, was granted to leave to intervene in a High Court challenge that will determine whether our government can indefinitely detain people from countries that will not accept their forced return.

Everyone deserves a right to live in freedom and safety. This is why we are fighting back against the Australian Government’s increasingly draconian laws targeting migrants and refugees. 

On 17 April, our client, Ned, was granted to leave to intervene in a High Court challenge that will determine whether our government can indefinitely detain people from countries that will not accept their forced return.  

Ned arrived in Australia by boat in 2013 and was detained for over a decade, navigating the defective “fast track” asylum process. In November 2023, the High Court ruled that it was unlawful and unconstitutional for the Australian Government to detain people who could not be removed from Australia for the reasonably foreseeable future. Shortly afterwards, the Federal Court ordered Ned’s release, finding that he was too unwell to voluntarily assist with his own removal.  

Over the past four months, Ned has started to build a life from scratch. He is supported by a dedicated network of friends across the country. He has just found a house and a job.  

The High Court’s decision will determine whether Ned will remain with his friends and supporters in the Australian community, or whether he will be taken back into detention – potentially for the rest of his life.  

The case will also decide the future of nearly 200 people in immigration detention who have been detained indefinitely by our government.  

As well as arguing this case, the Albanese Government has tried to rush through dangerous laws that would throw people like Ned in jail for five years for not assisting with their own deportation – no matter how long they’ve been in Australia, whether they have family here or the reason why they cannot be returned.  
 
Indefinite detention has destroyed people’s lives, caused lifelong physical and psychological harm, and separated families. It is the cruel heart of our migration system, and a reminder to every migrant and refugee in Australia of the fate that might await them.  

Instead of trying to find legal workarounds to keep people locked up, the Australian Government should support people like Ned to rebuild their lives in freedom and safety.