In November 2023, the High Court handed down a decision which has led to a response centred in fear, a lack of compassion and, troublingly, a disregard for equal treatment before the law.

In handing down the decision in NZYQ, which is remarkable in a number of ways - not least the response it has generated - the High Court effectively set aside the decision of Al-Kateb, which found indefinite detention to be lawful, and found it not to be at all. But in responding to this decision, the Albanese government has not merely panicked, but acted in a way designed to create panic.

Home Affairs Minister Clare O’Neil says the legislation is in response to High Court rulings striking down a similar Coalition-era law.Credit: Alex Ellinghausen

For many, the news that our highest court reviewed its previous decision and overturned a regime which was regressive and punitive was cause for celebration. But in some spaces, the response was anything but. The Coalition blamed Labor (despite the original legislation being introduced by the Coalition) and Labor – rather than welcoming the decision – introduced knee-jerk legislation of the most Draconian kind, and are now preparing to engage in further High Court litigation to extend indefinite detention.

The Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Measures) Act 2023 means that those released after this decision are subject to incredibly restrictive conditions and practices, and are exposed to disproportionately harsh penalties for even minor breaches like breaking curfew.

When the Minister for Home Affairs Clare O’Neil announced the proposed legislation, she said of her predecessor Peter Dutton, “The leader of the opposition loves to present himself as a tough guy on borders. He never wrote laws as tough as this. For the first time we criminalise people who do not follow these visa conditions.”

Marketing yourself as “tougher” than Dutton, as someone keen to be more punitive than Dutton, more eager to rob people of their liberty than Dutton, is base politics. It does O’Neil no credit.

Her declaration that the conditions the government is introducing are “extremely tough” is as true as it is cruel. The provisions provide for a mandatory prison sentence of 12 months for any breaches.

Incredibly, the response from conservatives is that these measures do not go far enough, and that Labor is weak on crime.

QOSHE - Marketing herself as ‘tougher’ than Dutton is a mistake by Clare O’Neil - Sam Norton
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Marketing herself as ‘tougher’ than Dutton is a mistake by Clare O’Neil

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02.04.2024

In November 2023, the High Court handed down a decision which has led to a response centred in fear, a lack of compassion and, troublingly, a disregard for equal treatment before the law.

In handing down the decision in NZYQ, which is remarkable in a number of ways - not least the response it has generated - the High Court effectively set aside the decision of Al-Kateb, which found indefinite detention to be lawful, and found it not to be at all. But in responding to this decision, the Albanese government has not merely panicked, but acted in a way designed to create panic.

Home Affairs........

© The Sydney Morning Herald


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