Australia to release immigrants held in indefinite detention

Australia on Friday announced it would begin releasing immigrants held in indefinite detention.

This landmark decision comes after Australia's High Court ruled against indefinitely holding immigrants, marking a significant shift from the country's longstanding policy.

The ruling was prompted by the case of a stateless Rohingya man, previously detained for child sexual offenses and unable to be deported.

Change in Australia's asylum policy

The High Court ruled on Wednesday that indefinite detention was "unlawful" if deportation was not an option, overturning laws that formed the bedrock of Australia's immigration policy since 1992.

Under the earlier policy, Australia aimed to discourage new arrivals by threatening anyone arriving without a visa with imprisonment, irrespective of a person's individual situation.

The ruling challenges a 2004 decision permitting indefinite detention and aligns more closely with international law, as advocated by the UN Refugee Agency (UNHCR).

"UNHCR has expressed grave concerns over the last decades about arbitrary and indefinite detention in Australia," Adrian Edwards, UNHCR regional representative for Australia, New Zealand and the Pacific, said in a statement, adding that the decision has the potential to begin to align Australia's immigration detention practices with international law.

How rights activists reacted to the ruling on indefinite immigration

Immigration Minister Andrew Giles announced the Rohingya man's release and stated that other detainees in similar situations will also be freed.

According to court documents, the man arrived in Australia by boat in 2012, was convicted of child sexual offenses in 2015 and, after over three years in jail, was moved to immigration detention in 2018.

The government is awaiting the High Court's full decision.

According to the AFP news agency, this ruling affects about 90 individuals who cannot be deported to their home countries.

Many of the detained asylum-seekers are held over concerns over their character or potential threats they may pose to national security.

"This has life-changing consequences for people who have been detained for years without knowing when, or even if, they will ever be released”, said Sanmati Verma of the Human Rights Law Centre.

The Refugee Council of Australia welcomed the decision, saying indefinite detention had "always been morally wrong and unlawful under international human rights law."

ss/sms (AFP, Reuters)