NZYQ v Minister for Immigration, or NZYQ is a decision of the High Court of Australia.

It is an important case in Australian constitutional law. Most notably, the newly constituted Gageler Court overturned the precedent of Al-Kateb v Godwin, a 2004 decision of the Gleeson Court which had held the indefinite detention of stateless persons to be lawful.[1]

The case resulted in the court effectively requiring the immediate release of multiple people from Australian immigration detention. Some of those released had criminal histories and were said to be a danger to the community, creating political issues for the Albanese Government.[2] The government responded by legislating a regime imposing strict visa conditions on the group of people released, with mandatory minimum carceral sentences of one year for those breaching the conditions.[3]

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References

  1. ↑ "In just 16 minutes, the High Court made a decision that put Albanese in a tight spot". ABC News. 2023-11-09. Retrieved 2023-12-15.
  2. ↑ "In just 16 minutes, the High Court made a decision that put Albanese in a tight spot". ABC News. 2023-11-09. Retrieved 2023-12-15.
  3. ↑ Twomey, Anne (2023-12-13). "New laws to deal with immigration detainees were rushed, leading to legal risks". The Conversation. Retrieved 2023-12-15.


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