AustraliaMedicine9 days ago

What the High Court’s about-face on refugee detention says about the rule of law

The article discusses the High Court of Australia's reversal of a previous decision regarding the indefinite detention of refugees, using the case of Safwat Abdel-Hady as an example. Abdel-Hady, an Austrian citizen who lived in Australia on a visa until it was revoked on character grounds, was detained for deportation.

The courts change their minds all the time about what the law is and is not, meaning that the law itself is never wrong.

Jun 12, 2026

4 min read

The High Court of Australia in Canberra (Image: AAP/Mick Tsikas)

In 2023, the High Court of Australia overruled itself and changed the law. Now it has had to clean up the mess.

Safwat Abdel-Hady was one of the thousands of foreign citizens who sought refuge in Australia but found themselves held indefinitely in our migration detention system. He arrived in 1997 and lived here on a visa until 2017, when it was cancelled on character grounds, forcing him into detention. The plan was to deport him to Austria, where he was a citizen.

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Source document: High Court of Australia

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CrikeyIndependentCenter9 days ago

What the High Court’s about-face on refugee detention says about the rule of law

Bias read (Center): The article presents the legal proceedings and outcomes without overtly favoring any political side. It focuses on the court's actions and the impact on individuals, maintaining a balanced tone by describing events factually without apparent ideological bias.

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