CRI026 v Republic of Nauru; DWN027 v Republic of Nauru; EMP144 v Republic of Nauru

The High Court of Australia considered appeals from decisions of the Federal Court of Australia concerning the detention of asylum seekers on Nauru. The appellants, CRI026, DWN027, and EMP144, were individuals who had been transferred to Nauru under regional processing arrangements and sought to challenge the lawfulness of their continued detention. The Republic of Nauru was the respondent.

The central legal issue before the High Court was whether the detention of the appellants on Nauru was authorised by Australian law, specifically by the *Migration Act 1958* (Cth). The appellants argued that their detention was unlawful as it extended beyond the period permitted by the Act, particularly in light of the indefinite nature of their offshore processing and the lack of a clear pathway to resettlement.

The High Court, in a joint judgment, held that the *Migration Act* did not authorise the indefinite detention of non-citizens in offshore processing centres. Their Honours reasoned that while the Act permits detention for the purposes of processing, it does not grant power for detention that is not reasonably necessary for that purpose or for a purpose for which the Act provides. The Court found that the detention of the appellants had become arbitrary and disproportionate, exceeding the scope of the statutory authority. Consequently, the High Court allowed the appeals and ordered that the detention of the appellants on Nauru was unlawful.