TRANSCRIPT
A momentous High Court ruling.
Overturning a precedent set in 2004 that allowed people to be detained indefinitely, even when they are impossible to be deported.
Josephine Langbien is the acting managing lawyer at the Human Rights Law Centre, which presented expert advice to the court for this matter.
"This is a hugely significant decision that's going to have life-changing consequences for people who have been detained for years without knowing if or when they'll ever get out."
The case was brought forward by a Rohingya man from Myanmar who arrived in Australia in 2012. He was convicted over a child sex offence in 2015.
And his application for a protection visa denied, keeping him in detention indefinitely.
Professor Michelle Foster is the director of the Peter McMullin Centre on Statelessness at Melbourne Law School.
"For many people, up to millions of people around the world, the country in which they are born does not grant them citizenship. Now, this could be because of gender discrimination, it could be due to race, religious, ethnic discrimination. It could be simply because of a gap in nationality laws. The bottom line is that stateless people are stateless through no fault of their own."
There are currently more than 1,000 people in Australian immigration detention. Of those, 31 are stateless.
More broadly, the Solicitor-General told the court there are 92 detainees who couldn't be returned to their country of origin and would have to be released following this ruling.
But Professor Foster says this decision could impact others, too, who have already been released.
"It's certainly possible that this may give rise to claims for compensation on the basis that some people have been unlawfully detained in the past."
Shadow Home Affairs Minister James Paterson says the government should have foreseen this possible ruling, and acted earlier to prevent convicted criminals entering the community.
"This was an outcome that was always foreseeable and possible. They should have had a plan B ready to go to introduce to the Senate today to make sure that those unlawful non-citizens could be detained or otherwise protected the Australian community from them."
Prime Minister Anthony Albanese brushed a question about the issue while walking in his trip to the Pacific Islands Forum.
But at home, Queensland senator Murray Watt and Foreign Minister Penny Wong attempted to quash concerns.
"The only person who is affected by this decision who has been released at this point in time is the plaintiff in this particular decision. To my knowledge none of the other the people to whom the decision may relate have been released into the community."
"I can assure the Senate that this government will continue to work with authorities and in our response to this decision to ensure the community is safety, that this community safety is upheld."
Greens senator Nick McKim says it's time the government acts on the ruling sooner rather than later.
"What is critical now is that the Labor party acts with the utmost haste to free anybody who is in immigration detention, who is within scope of this High Court decision."
The High Court will publish its judgment in the coming months.
