Key facts
- Australia's High Court ruled against the government in a case involving indefinite detention.
- The ruling allows for potentially hundreds of non-citizens to claim compensation.
- Safwat Abdel-Hady was unlawfully detained for 18 months.
- The court rejected the government's attempt to use a previous legal precedent for defense.
- Compensation could amount to tens of millions of dollars.
The High Court of Australia has ruled against the federal government in a significant case concerning indefinite immigration detention, potentially opening the door for millions of dollars in compensation to over 350 non-citizens. The decision stems from a damages claim brought by Safwat Abdel-Hady, an Austrian citizen who was unlawfully detained for 18 months.
Abdel-Hady's legal team argued he should not have been detained using the precedent set by the 2004 Al-Kateb case, which allowed for indefinite detention of non-citizens without a valid visa, even if deportation was impossible. The full bench of the High Court unanimously rejected the government's defense, with Justice Michelle Gordon emphasizing that closing the door to redress when the executive exceeds its authority would be detrimental.
This ruling follows a landmark decision in November 2023, which overturned the indefinite detention of refugees and stateless individuals who could not be removed from Australia, leading to the release of hundreds. Lawyers estimate the compensation bill could reach tens of millions of dollars, citing past settlements such as the $70 million paid to Manus Island detainees in 2017. Advocates have lauded the decision as a step towards justice for those subjected to harmful indefinite detention, highlighting the severe impact on individuals and families.