Decades after a boat arrived in Australia, the government suddenly found itself with an immigration detention system in disarray
ABCThe message arrived with lawyers in the early days of December last year. The scramble to delay going to court It's fitting that the first hearing of NZYQ's case in the High Court would be before Justice Jacqueline Gleeson on June 2, 2023. Irrespective, it's all but certain the High Court would have made the same ruling whenever it heard NZYQ's case, or another like it, but if nothing else, delaying the matter in a lower court would have bought the government more time to be better prepared for what came next. The court ordered NZYQ's release and set a new test for how long people could remain in immigration detention: Is there a real prospect of removal from Australia becoming practicable in the reasonably foreseeable future? The High Court's warning signs After the shock of the immediate ruling, both the government and lawyers expected it could be months before the justices released the reasons for their decision.