KEEPING AUSTRALIANS SAFE FOLLOWING NZYQ RULING
THE HON CLARE O’NEIL MP
MINISTER FOR HOME AFFAIRS
MINISTER FOR CYBER SECURITY
THE HON ANDREW GILES MP
MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
MEDIA RELEASE
11 November 2023
KEEPING AUSTRALIANS SAFE FOLLOWING NZYQ RULING
The Government has acted to ensure the safety of the Australian community in response to the High Court’s decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor.
While the Commonwealth argued that previous detention settings were constitutionally valid, the High Court’s decision requires the release of NZYQ and similarly affected people from immigration detention.
Individuals who are required to be released as a result of the High Court’s order will have appropriate visa conditions imposed on them in line with the need to protect the community. Conditions will be based on individual circumstances.
The Australian Federal Police and Australian Border Force are working closely with state and territory authorities and law enforcement to support community safety.
The Government is considering other measures that may be appropriate to ensure community safety as we work through the implications of the High Court’s decision and await the court’s reasons being handed down.
