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Djokovic detention lifts the lid on hypocrisy and arbitrary immigration detention

Djokovic detention lifts the lid on hypocrisy and arbitrary immigration detention
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Morrison hardens law against asylum seekers

But new amendments to the Migration Act now allow the federal government to lock people in immigration detention indefinitely. Refugee advocates say that the changes have been made following court decisions forcing it to release asylum seekers. The Federal Court last year ordered the release of a detainee who had been held for six years.  The 29-year-old Syrian man has lived in Australia since 1996, but when he failed the character test contained in section 501 of the Migration Act 1958, his visa was cancelled.   The man’s lawyer, Alison Battisson from Human Rights for All, successfully argued in court that under the principle of

Indefinite detention of refugees is unlawful under international law, but Australia has quietly made it legal

Long-term, often indefinite, mandatory detention has become Australia’s first resort, rather than its last. Indefinite detention is considered arbitrary – and therefore unlawful – under international human rights law. Decades of medical research across the world – including studies commissioned by the Australian government – have consistently warned the wearing uncertainty of indefinite detention is deeply damaging for those so held. But this week the Australian parliament, with almost no debate, codified the indefinite detention of refugees and asylum seekers, including without charge or trial, into domestic law. Parliament was told about a “small cohort” – some put the figure at 21 – of “serious criminals” who can be neither deported nor released into the Australian community.

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