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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
Michael PellyLegal editor

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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 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. Email Michael at michael.pelly@afr.com

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