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Indefinite immigration detention ruled unlawful in landmark Australian high court decision

https://www.theguardian.com/australia-news/2023/nov/08/australia-high-court-indefinite-detention-ruling-government

Decision overturns 20-year-old precedent and could trigger immediate release of 92 people, with detention of 340 others also in doubt

Indefinite immigration detention ruled unlawful in landmark Australian high court decision

Decision overturns 20-year-old precedent and could trigger immediate release of 92 people, with detention of 340 others also in doubt

18 comments

stella

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Australians are some of the most racist people on the planet.

I've noticed, the less diverse a population is, the more racist they become while the rest of the world focuses on nations who actually have to deal with diversity. US, Sweden, etc.

sobriquet

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As an Australian, I honestly don’t disagree with you… but suggesting Sweden has more racial diversity than Australia?! From what i can see, Sweden has “6% diversity”, whereas Australia has 9%. Not a huge difference, granted, but completely different ballpark to USA (49%), and if this is your measure, Australia still “beats” Sweden.

Deceptichum

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That’s pretty inaccurate as well. Australia is diverse, but we don’t explicitly track ethnicities demographics so you’ll never find an official figure

To quote the wiki and ABS stats

Although the ABS does not collect data on race and ethnic background, various studies have put together results of the census to determine the ethnic composition of Australia, the Australian Human Rights Commission has estimated the European population at 76% of the Australian population,[20] while a media diversity study put it at 72%, the non-European proportion was 21% and 23% respectively, and the Aboriginal Australian population at 3% in both

So roughly 25%.

Add to that 30% of the population is born overseas (compared to 13% US), so 1/4 people you meet will be diverse in a non-skin identifiable way. And 50% of the country have at least one parent born overseas, so families are pretty diverse.

Fun fact, we’re also the only country in the world with a higher rate of Americans immigrating in than we are going to America.

sobriquet

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Yeah, I wasn’t claiming it was a highly accurate source, and I was surprised that we rated so low based on those calculations, so thanks for the additional analysis. I just found it hard to believe that Sweden would be “dealing with diversity” more than Australia (or at least, in any significant way). Maybe there’s more nuance to Sweden’s numbers, too?

Deceptichum

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Saying Sweden has to deal with diversity sounds like a massive dog whistle about Muslims tbh. Assume the America inclusion is much the same.

They’re probably just some racist wanker now that I come to think of it.

sobriquet

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Seems plausible.

stella

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How are you 'measuring diversity'?

Are you including the entire country, or just certain parts?

If it's the entire country, then Australians still don't have to deal with diversity because most of their minorities live away from the white people.

sobriquet

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I’m not measuring it, just quoting another source. I just wanted to find some numbers to try and understand how Sweden and Australia compare.

If it's the entire country, then Australians still don't have to deal with diversity because most of their minorities live away from the white people.

You make an excellent point.

Deceptichum

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What are you on about?

Nearly half the country lives in just two cities, and the other 50% in like 3 more. And our “suburbs” are varied as fuck and based on income more than any other factor.

stella

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are varied as fuck and based on income more than any other factor.

Yes, I'm talking about ethnic diversity.

Nearly half the country lives in just two cities, and the other 50% in like 3 more.

Where do the minorities tend to live?

Deceptichum

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Where do the minorities tend to live?

The same few cities as the rest of us?

Do you assume that the rich suburbs are also not home to minorities? Like it's not insanely difficult to immigrate here, meaning that it's generally those who are already relatively wealthy making the move over? We all live relatively co-mingled amongst each other.

Also why do you think of multiculturalism as a burden that one needs to "deal" with?

zik

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As an Australian who's travelled a fair bit I'd say the level of racism in Australia varies depending on where you are and most parts of the world I've visited are more racist than the major cities of Australia. But that's just my personal observation.

ChannelSix

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Isn't that a fairly racist / prejudice comment in itself?

Hugin

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There is a difference between race and culture even if we tend to use the same words for both. I have a friends who is racially Chinese but was born and raised in the UK so very British culturaly.

orcrist

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You should be telling that to the first commenter. The second person was mimicking the language used above.

orcrist

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It is important to use precise language. “Australians are racist.” is simply false if even one Australian is not…. So you should instead say, “Many Australians are racist.” or “Most Australians are racist.” or “On average, Australians are racist.” Those claims may or may not be true.

Also, if you make a claim like that with no source except your own experience, it’s safe to assume you’re wrong, that you are extrapolating when you should be doing research instead. Australia is a big country and you have met a small fraction of the people in it.

stella

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Lol.

autotldr

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This is the best summary I could come up with:

The high court ruled in favour of NZYQ, a stateless Rohingya man, who faced the prospect of detention for life because no country had agreed to resettle him, due to a criminal conviction for sexual intercourse with a 10-year-old minor.

The high court declared that because NZYQ had been detained when there was “no real prospect of his removal from Australia becoming practicable in the reasonably foreseeable future” his detention was unlawful.

Earlier, the solicitor general, Stephen Donaghue, warned that such a ruling would trigger “undefendable” compensation claims and the release of “undesirable” people into the community.

Donaghue submitted that the four justices in the majority of Al-Kateb were aware of the “harsh” possibility of lengthy detention, including for stateless persons who cannot be deported.

Several judges quibbled with Donaghue’s emphasis on NZYQ’s conviction, with Justice Robert Beech-Jones suggesting the constitutional argument has “nothing to do” with the sexual assault.

Donaghue urged the court not to “radically disturb” the legal architecture, noting that the Migration Act requires detention of aliens pending deportation.

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