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Why two judges thought High Court went too far

Should the court have waited until its reasons were ready in the landmark case on immigration detention?

Michael Pelly

The High Court may have overturned 20 years of bad law with its NZYQ judgment, but not every justice is happy with how it did it.

After the end of the appeal hearing on November 8, the court ordered that NZYQ, a Rohingya man found guilty of raping a 10-year-old child, be freed from detention because he could not be deported.

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Michael Pelly was The Australian Financial Review’s legal editor

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    Original URL: https://www.afr.com/politics/federal/why-two-judges-thought-high-court-went-too-far-20231128-p5encn