SFLB & Anor v MIMIA

The High Court of Australia heard an appeal in *SFLB & Anor v MIMIA*. The dispute concerned the interpretation of a provision within the *Migration Act 1958* (Cth) relating to the detention of non-citizens. The applicants, SFLB and another individual, sought to challenge the lawfulness of their ongoing detention.

The central legal issue before the High Court was whether the *Migration Act* authorised the indefinite detention of non-citizens who could not be removed from Australia, even if there was no reasonable prospect of their removal in the foreseeable future. This involved an examination of the constitutional validity of such detention, particularly in light of Chapter III of the Constitution which vests judicial power in the courts.

The High Court, by majority, held that the *Migration Act* did not authorise the indefinite detention of non-citizens in circumstances where there was no real or foreseeable prospect of their removal from Australia. Their Honours reasoned that such detention would exceed the scope of the legislative power conferred by the Constitution, as it would amount to punishment rather than detention for a purpose connected with migration. The principle applied was that detention must be for a legitimate purpose related to immigration control and not for punitive reasons, and that indefinite detention without a foreseeable end point could not be justified under the migration power.

The High Court allowed the appeal, finding that the continued detention of the applicants was unlawful.