Al-Kateb v Godwin (2004) examines Australia's unique position on mandatory detention, exploring constitutional and human rights implications and the tension between executive power and judicial oversight in the indefinite detention of stateless persons.
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🏛️ Court: High Court of Australia 🗓️ Judgment date: 6 August 2004 🗂️ Where Reported: (2004) 219 CLR 562, [2004] HCA 37 📍 Jurisdiction: Australia
⚖️ Legal Principles
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Indefinite Detention Authorised: The High Court of Australia ruled that the Migration Act permits the indefinite detention of stateless individuals if their removal is not reasonably foreseeable, emphasising the legality over the potential human rights implications.