Senator Andrew Bartlett Parliamentary Leader and Democrats Senator for Queensland Australian Democrats spokesperson for Immigration and Multicultural Affairs
High Court Grants Govt Absolute Powers to Detain People
The High Court today has granted an appeal by the government on a previous ruling releasing an asylum seeker from immigration detention who could not be deported from Australia as he is stateless.
"This is a sad day for the rule of law in Australia", said Senator Bartlett, Leader of the Australian Democrats.
In its judgement, the High Court found that "Tragic as this outcome is for Mr Al Khafaji, the Minister's appeal must be allowed."
"The Australian Democrats call on the government and Labor to move urgently to fix this atrocious legal loophole.
"Our High Court has unfortunately found that our legislation allows the government to lock up people for the rest of their lives, people who have committed no crime, who have merely come to Australia seeking protection.
"The potential for this massive increase in Government power, without legal protection, is chilling. This means the Government has the power to make laws regarding the detention of any other social group. It can be pointed at any Australian."
"It is crucial for the Government to now work with other Parties to find a solution to this problem. No Australian would agree that keeping a person detained forever for administrative reasons is a humane outcome. If someone cannot be deported, we must find a solution to the problem that's better than locking them up and throwing away the key."
"Our obligations to stateless people are made quite clear by the United Nations, which holds that Australia should 'facilitate the assimilation and naturalisation of stateless persons'.
"It's time for Australia to live up to all our human rights obligations under international conventions."
