Analysis

No more gaming the system, says High Court

The High Court has sent a clear message: those “manipulating the system” won’t be rewarded with a get-out-of-detention free card.

Michael PellyLegal editor

May 10, 2024 – 2.51pm

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The High Court has called time on asylum seekers gaming the immigration system on the back of the landmark decision in NZYQ in 2023.

There is some uncharacteristically blunt language in Friday’s decision about ASF17 – an Iranian man who refused to co-operate with his removal and then argued he should be released because there was no prospect of his removal in the foreseeable future.

Michael Pelly is the legal editor, based in our Sydney newsroom. He has been a senior adviser to federal and state attorneys-general and written two books, one a biography of former High Court Chief Justice Murray Gleeson.