The High Court has ruled that the Australian government can be held liable for damages after unlawfully detaining a man in immigration detention for 18 months when there was no realistic prospect of removing him from the country.
The decision concerns Safwat Abdel-Hady, an Austrian citizen who remained in immigration detention despite health conditions preventing his removal to another country.
The ruling is expected to have significant implications for future legal claims arising from Australia’s immigration detention system.
Government Unable to Rely on Previous Precedent
The High Court found the government cannot defend damages claims by relying on the court’s 2004 ruling in the Al-Kateb v Godwin case.
That decision previously allowed non-citizens without visas who could not be removed from Australia to remain in indefinite detention.
However, the precedent was overturned by the High Court in 2023 when it ruled against indefinite immigration detention.
The latest judgment means the earlier ruling cannot shield the government from potential compensation claims.
Potential Broader Consequences
The case could become a major test of whether the Commonwealth may face compensation claims from more than 350 unlawful non-citizens released after the High Court’s landmark 2023 decision.
Abdel-Hady was held in detention for 18 months despite having no realistic prospect of removal because his medical conditions restricted his ability to travel.
The court’s decision does not automatically award compensation.
Instead, the matter will now proceed to the Federal Circuit Court, which will determine whether Abdel-Hady is entitled to damages and, if so, what compensation may be awarded.
The judgment represents another significant development in the legal aftermath of Australia’s former indefinite detention regime.