Jock Gardiner and Silvia Talavera Lodos
The High Court of Australia recently handed down the landmark decision of NZYQ, ruling the policy of indefinitely detaining non-citizen, non-visa holders with no prospects of resettlement to be unconstitutional. As governments around the world grapple with the challenges posed by mass migration, this article considers the consequences of the High Court decision in the context of the European immigration and refugee debate, focusing upon the constitutional and human rights-related lessons that may be learned.
