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

1 month ago 26

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.

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