nam 22 uu 4500 10.59704/6ebe66cea597a2e2 DE-Verfassungsblog cr||||| 231213s2023||||xx#|||||o|||| ||| 0|eng|| 10.59704/6ebe66cea597a2e2 doi eng 342 23 McIntyre, Joe Author aut The Long Overdue Fall of Al-Kateb - NZYQ and the end of Australia’s indefinite detention regime McIntyre, Joe Verfassungsblog 2023-12-13 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier On the 8th of November, the High Court of Australia delivered a landmark ruling that the indefinite detention regime under the Migration Act is unconstitutional, overruling the 2004 decision of Al-Kateb. The decision, both in form and substance, sent shockwaves through Australia’s legal and political establishment. In adopting the relatively uncommon procedure of issuing orders immediately following the hearing (with reasons to follow), a gap was created where politicians rushed to come up with a legislative response in the absence of any clearly articulated constitutional rules. In an island country, where several elections in the last 20 years have been ostensibly won and lost over concerns of ‘illegal’ immigration, this decision has been political dynamite. CC BY-SA 4.0 Human Rights (DE-588)10298350-1 gnd Human Rights Max Steinbeis Verfassungsblog gGmbH Verfassungsblog 2366-7044 https://verfassungsblog.de/the-long-overdue-fall-of-al-kateb/ raw object