Asylum seekers with unfounded fears would have right to release if Australia loses case, high court told

Solicitor general warns that ruling indefinite detention unlawful could turn federal circuit court into ‘refugee tribunal’Get our morning and afternoon news emails, free app or daily news podcastAsylum seekers would have a “constitutional right” to be released from immigration detention even if their fears are not well-founded, if the commonwealth loses a landmark case, the high court has been told.The solicitor general, Stephen Donaghue, on Wednesday also warned the high court that ruling indefinite detention unlawful even where detainees refuse to cooperate in deportation would “turn the federal circuit court into the refugee tribunal”, requiring it to relitigate protection claims that had already been rejected.Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup Continue reading...

Apr 17, 2024 - 12:30
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Asylum seekers with unfounded fears would have right to release if Australia loses case, high court told

Solicitor general warns that ruling indefinite detention unlawful could turn federal circuit court into ‘refugee tribunal’

Asylum seekers would have a “constitutional right” to be released from immigration detention even if their fears are not well-founded, if the commonwealth loses a landmark case, the high court has been told.

The solicitor general, Stephen Donaghue, on Wednesday also warned the high court that ruling indefinite detention unlawful even where detainees refuse to cooperate in deportation would “turn the federal circuit court into the refugee tribunal”, requiring it to relitigate protection claims that had already been rejected.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup Continue reading...

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