The Supreme Court has ruled against two asylum seekers who want to dispute the legality of their detention, after the milestone judgment in the NZYQ case.
That decision, in November 2023, thought that Where there is no real prospect that the removal of the person from Australia in the reasonably foreseeable future becomes possible.
The statement led to the release of around 150 people from immigration removal.
Last statement
The last case is a man who was born in Poland and born in Vietnam. Both were held while their visas were processed, after prison sentences in Australia to include drug attacks. They claimed that those detention periods were illegal.
They were not released as part of the Nzyq cohort, but the administrative professional tribunal thought that Australia owed them protection and they were both released last year.
The couple had compensation in search of the federal court and argued that they could not be removed from Australia.
In a unanimous judgment, the court said that the detention of the men was constitutionally valid while their visas were processed, including for protection for protection visa.
In a declaration from the court, the legal question that the men raised about the lack of a reasonable prospect of removal in this case was considered irrelevant.
What else to know
The court ruled that if the Polish man returned home, he could be imprisoned and is confronted with cruel and humiliating treatment.
In the case of the Vietnamese man, the court ruled that when he returned home, he would be confronted with the prospect of the death penalty.
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