The Legality of Manus Island detention under Australian law – The High Court decides in Plaintiff S195, Castan Centre for Human Rights Law Blog, 17 August 2017; reprinted in 'Rights in Exile, newsletter of International Refugee Rights Initiative 1 October 2017

Press/Media: Expert Comment

Description

The involvement of Australia in the detention of refugees in Nauru and Papua New Guinea (PNG) raises complex constitutional and international law issues.
One of these issues was answered in 2017 when the High Court of Australia unanimously rejected a challenge to the legality of Australia’s arrangements with Papua New Guinea. The case – Plaintiff S195 – centred on whether the action of Australian governmental officers was invalid under Australian law because of what was decided by the landmark PNG Supreme Court decision last year (in Namah v Pato). The plaintiff’s case before the High Court therefore raised a novel argument as it sought to link the validity of action taken under Australian law with the validity of those actions in another country (PNG).

Period17 Aug 2017 → 1 Oct 2017

Media coverage

1

Media coverage

Media contributions

1

Media contributions

  • TitleThe Legality of Manus Island detention under Australian law – The High Court decides in Plaintiff S195, Castan Centre for Human Rights Law Blog, 17 August 2017
    Degree of recognitionInternational
    Media name/outletCastan Centre for Human Rights Law Blog
    Media typeWeb
    Duration/Length/Size900 words
    CountryAustralia
    Date17/08/17
    DescriptionThe involvement of Australia in the detention of refugees in Nauru and Papua New Guinea (PNG) raises complex constitutional and international law issues.
    One of these issues was answered in 2017 when the High Court of Australia unanimously rejected a challenge to the legality of Australia’s arrangements with Papua New Guinea. The case – Plaintiff S195 – centred on whether the action of Australian governmental officers was invalid under Australian law because of what was decided by the landmark PNG Supreme Court decision last year (in Namah v Pato). The plaintiff’s case before the High Court therefore raised a novel argument as it sought to link the validity of action taken under Australian law with the validity of those actions in another country (PNG).
    URLhttps://castancentre.com/2017/08/17/the-legality-of-manus-island-detention-under-australian-law-the-high-court-decides-in-plaintiff-s195/
    PersonsMaria O'Sullivan