High court paves the way for multimillion-dollar compensation claims to NZYQ cohort in blow to government
Summary
Australia’s High Court ruled that the government must pay compensation to more than 350 non-citizens who were held in detention unlawfully for long periods. This decision follows a previous court ruling that stopped the government from using strict restrictions like ankle monitors on released detainees.Key Facts
- The High Court ruled against the Australian government’s attempt to defend a damages claim from an Austrian citizen, Safwat Abdel-Hady.
- Abdel-Hady was held in immigration detention for 18 months despite having health conditions that made deportation impossible.
- The court rejected the government’s defense based on a 2004 case that allowed indefinite detention of non-citizens without a valid visa.
- This ruling follows a 2023 decision that ended indefinite detention for a group called the NZYQ cohort, many of whom were refugees or stateless.
- Over 350 people are expected to claim compensation for unlawful detention.
- Human rights groups say the ruling supports justice for people harmed by long detention.
- The Australian government is reviewing the ruling and its financial implications.
- Similar past compensations include $70 million paid in 2017 to detainees on Manus Island.
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