Home affairs minister’s explanation of how Labor has handled the high court decision defies everything we know about the case

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    1 year ago

    This is the best summary I could come up with:


    Over the weekend the home affairs minister, Clare O’Neil, reached for a new explanation for why the government appeared unprepared for the landmark high court ruling that indefinite immigration detention is unlawful.

    This agreed fact made NZYQ’s case indistinguishable from the 20-year-old precedent of Al-Kateb, which had given indefinite detention the tick of approval.

    O’Neil’s claim about “operational advice” on the possibility of removal also defies everything that happened after 30 May, the rush to ask six countries (Bangladesh, Saudi Arabia, Canada, New Zealand, the UK and US) to take NZYQ ahead of the hearing.

    Mary Balzary, the first assistant secretary of the department’s international division, gave a statement it was “impossible to predict” what the US would ultimately decide.

    NZYQ’s counsel, Craig Lenehan, submitted his client is an “inadmissible alien” under US law because of his crime of “moral turpitude”, so would need a series of “uncertain” discretions to be exercised in his favour to go to the US.

    The judges were not persuaded, wrapping up the case in less than an hour and giving a result on the spot: indefinite detention is unlawful and NZYQ (and those in the same situation) must be freed.


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