Al-Kateb v Godwin [2004] HCA 37
What was at stake
Whether a stateless person who cannot be removed from Australia may be detained indefinitely under the Migration Act.
What the court decided
By a 4:3 majority the Migration Act authorised indefinite detention of a non-citizen who could not be removed, and that detention was constitutionally valid. Overruled in 2023 by NZYQ; included as the precedent NZYQ displaced.
Categories
Authoritative link
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