constitutional protection

Subdecks (2)

Cards (7)

  • NZYQ v Minister for Immigration 
    • Indefinite immigration detention ruled unlawful, overturning a 20-year-old precedent.
    • “At least a majority” of the justices agreed that sections of the Migration Act which had been interpreted to authorise indefinite detention were beyond legislative power.
    • Indefinite immigration detention breaches the separation of powers between executive government and the judiciary because it is punitive.