NZYQ: The plaintiff’s legal team, along with the legal teams of the Commission and the HRLC/Kaldor Centre that travelled to
Canberra, outside Court 1 shortly after the orders were pronounced.
made in one reporting year, and the final judgement
in the matter may be determined in the following.
The two narratives of change provided below show
the long arc of the Commission’s impact through
advocacy and collaboration to bring about systemic
change in our legal and policy frameworks to
address human rights impacts.
The first example is an outcome of a submission
to the court in which the Commission appeared
as a friend (amicus curiae) of the High Court
of Australia in the 2022-23 reporting period, in
the case of NZYQ v Minister for Immigration,
Citizenship and Multicultural Affairs. This narrative
of change example highlights the impacts of the
Commission’s human rights advice after long-term
and collaborative advocacy efforts. This is also
demonstrated in the second example, a case of
compensation for Indonesian children detained
as adults, where the evidence and reporting work
of the Commission contributed to human rights
remedies for children wrongly treated as adults by
the Australian justice system.
NZYQ v Minister for Immigration,
Citizenship and Multicultural Affairs
[2023] HCA 37
The High Court of Australia case NZYQ was about
whether it was lawful for the Australian Government
to lock up a person in immigration detention
indefinitely, and potentially for the rest of their
lives, because they don’t have a visa and cannot
be returned to their home country. In a landmark
decision, the High Court ruled that the indefinite
detention of people in immigration detention was
unlawful. The Commission was granted leave to
appear as amicus curiae to provide written and
oral submissions.
The High Court decision in NZYQ unanimously
overturned a 20-year-old precedent: the case of
Al-Kateb v Godwin, which had previously ruled that
migration laws authorised the indefinite detention
of a person who was an unlawful non-citizen, even if
there was no real prospect of removing them from
Australia in the reasonably foreseeable future.
The Commission appeared in the Al-Kateb case and
in three of the four cases considered by the High
Court since then that sought to overturn it. In each
of the cases prior to NZYQ, the High Court decided
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