Departmental advice from Home Affairs told the government it was likely to win the High Court case on immigration detention.
That advice turned out to be incorrect, and now hundreds of detainees could be released early next year after the High Court ruled that indefinite detention was unlawful.
The decision allowed for the release of more than 90 detainees.
“We were advised that it was likely that the Commonwealth would win the case,” Home Affairs Minister Clare O’Neil told Sky News Australia.
“Most people looking at this case would’ve assumed that the Commonwealth was going to win the case because it was 20 years of precedent, and it is quite unusual for the High Court to do what it did.”
Departmental advice from Home Affairs told the government it was likely to win the High Court case on immigration detention.
That advice turned out to be incorrect, and now hundreds of detainees could be released early next year after the High Court ruled that indefinite detention was unlawful.
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The decision allowed for the release of more than 90 detainees.
“We were advised that it was likely that the Commonwealth would win the case,” Home Affairs Minister Clare O’Neil told Sky News Australia.
“Most people looking at this case would’ve assumed that the Commonwealth was going to win the case because it was 20 years of precedent, and it is quite unusual for the High Court to do what it did.”