Share and Follow


The High Court has ruled against two asylum seekers seeking to challenge the lawfulness of their detention, following the landmark judgment in the NZYQ case.
That decision, in November 2023, found that where there is no real prospect of the person’s removal from Australia becoming practicable in the reasonably foreseeable future.

The ruling led to the release of around 150 people from immigration detention.

Latest ruling

The latest case involves a man born in Poland and another born in Vietnam. Both were detained while their visas were being processed, after serving jail sentences in Australia on drug charges. They claimed those detention periods were unlawful.
They were not released as part of the NZYQ cohort, but the Administrative Appeals Tribunal found Australia owed them protection, and they were both released last year.
The pair had been seeking damages in the Federal Court, arguing that they could not be removed from Australia.
In a unanimous ruling, the court said the men’s detention was constitutionally valid while their visas were being processed, including for protection visa applications.

In a statement released by the court, the legal question raised by the men about the lack of a reasonable prospect of removal was deemed irrelevant in this case.

What else to know

The court found that if the Polish man returned home, he could be jailed and face cruel and degrading treatment.

In the case of the Vietnamese man, the court found that if he returned home, he faced the prospect of the death penalty.

Share and Follow
You May Also Like

Reflecting on Three Decades Since the Srebrenica Genocide

Rukija Avdić cries as she recalls the night 30 years ago when…
Australian Treasurer Jim Chalmers during an address at the National Press Club on 18 June, 2025.

Confidential Recommendations Urge Government to Increase Taxes

Treasurer Jim Chalmers has sought to downplay Treasury advice urging the government…
'Fireball' after plane crashes at London airport

“Fiery Aftermath of Plane Crash at London Airport”

Emergency services raced this morning to the scene of a small plane…
Two women killed in church shooting

Tragic Church Shooting Claims the Lives of Two Women

One woman aged 72 and another aged 32 have been killed in…
Assassins who killed Ukraine intelligence officer 'eliminated'

Ukraine Intelligence Officer’s Assassins ‘Neutralized’

Ukraine’s Security Service says it has killed Russian special service agents suspected…
A Play to Learn centre in Castle Hill went up in flames early Monday morning.

Another Childcare Center Catches Fire Following Recent Suspicious Incident

A second childcare centre in Sydney has gone up in flames just…

How a Single Email Lost Louis His $110k House Deposit

When every ping or buzz on our device could be a scammer,…

Census Trial to Include Questions About Gender and Sexuality

The first Census questions on sexual orientation and gender will be sent…