FRC member Júlia Zomignani Barboza published a new blog on the RLI Blog on Refugee Law and Forced Migration.
The blog post builds on her previous work on Australia, a country that is analysed in her PhD research on undersirable unreturnables.
Abstract
In November 2023, the High Court of Australia ruled that indefinite immigration detention is unlawful in a landmark decision overturning its previous caselaw. This recent development, which should put an end to a long-standing human rights violation in Australia, deserves attention. This short article thus starts by explaining the practice of indefinite detention in Australia before turning to the Court’s decision. It then presents the main reasons behind the Court’s ruling and, finally, reflects on some of the challenges that may be expected in the future because of this decision.