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The High Court of Australia has ruled that the indefinite detention of a Rohingya man without a prospect of deportation is unlawful. The government has responded by arguing that released detainees could be re-detained if an option for deportation appears or if there is an ongoing risk to the community. However, the court made it clear that issuing a writ of habeas corpus would not prevent re-detention in the future. The government has teamed up with the opposition to rush legislation through parliament granting the home affairs minister unprecedented powers to make orders for released detainees, but a challenge to these laws has already been filed by a lawyer representing an Afghan refugee who argues that the ankle bracelet and curfew conditions are punishment and therefore cannot be imposed by the government. The ruling has sparked a debate about the race to the bottom in politics and the dark day for how laws are made in Australia, with some expressing relief at the court's decision as a victory for justice and individual rights, while others are concerned that it is an attack on human rights and the rule of law.
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Rohingya man
High Court
indefinite detention
released detainees
High
Rohingya
Court
government
court made
deportation
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