There has been a high court decision today that will, no doubt, make its way into the election campaign.

Here is what the Asylum Seeker Resource Centre (ASRC) had to say about the CZA19 and DBD24 case (asylum seekers are given these names to protect their identities):

The Court held that detaining people seeking asylum while their visa applications are pending is lawful in some instances, even when there is no real prospect of their removal in the foreseeable future.

The ASRC’s client, LPSP, was allowed to join the case as a “friend of the court” because he had started a class action in the Federal Court with the same argument as the main applicants. His argument was that once someone is recognised as needing protection, their detention is no longer lawful.

High Court Justice Edelman called LPSP’s arguments “strong,” even though the court ultimately disagreed with the main claim made by CZA19 and DBD24.
The decision permits the continuation of prolonged detention practices that are cruel and inhumane.
The judgment means that even if it’s clear someone will eventually be released into the community – either because they get a visa or removal isn’t possible – they can still be kept in detention indefinitely while their visa application is processed. This goes against human rights and moral standards, continuing a system of long, unnecessary, and harmful detention.

Despite the landmark NZYQ decision, the ASRC continues to see people seeking asylum held for years
and the devastating impact on their lives, their family and community. The ASRC’s Human Rights Law
Program will continue to challenge and advocate for a migration system grounded in fairness, justice and human dignity.