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TL;DR
The Australian high court is set to rule on whether Safwat Abdel-Hady, held in indefinite immigration detention, is entitled to damages for false imprisonment. His case may impact around 350 non-citizens affected by a previous ruling against indefinite detention.
Key points
- High court ruling on Safwat Abdel-Hady's detention case
- Potential damages for false imprisonment for non-citizens
- Abdel-Hady detained after visa cancellation by Peter Dutton
Mentioned in this story
Safwat Abdel-HadyPeter Dutton
The high court will today rule on whether the Australian government should pay damages to a man it held in indefinite immigration detention for 18 months despite there being “no real prospect of [his] removal”.
Safwat Abdel-Hady’s case could determine whether the 350-or-so non-citizens affected by the high court’s ruling against indefinite detention in November 2023, known as the NZYQ cohort, are liable for damages for false imprisonment.
The Austrian citizen was placed in immigration detention in 2017 after his visa was cancelled by then home affairs minister, Peter Dutton, for pleading guilty to poisoning to endanger life or inflicting grievous bodily harm in 2012.
The federal circuit court ruled in June 2024 Abdel-Hady was declared not medically fit to travel for an 18-month period between July 2022 and February 2024 due to his medical conditions, and therefore there were no real prospects of removing him from Australia.
Abdel-Hady’s lawyers argued last November he should not have been detained by authorities using the precedent established in the 2004 case of Al-Kateb.
Lawyers acting for the government did not dispute that Abdel-Hady was wrongfully detained but argued the high court’s 2004 ruling had allowed authorities to detain someone indefinitely under the Migration Act before it was later ruled unlawful in 2023 in the NZYQ case.
We’ll bring you the judgment once it’s delivered after 10am.
Read more here:
Good morning and welcome to our live news blog. I’m Martin Farrer with the top overnight stories and then it’ll be Nick Visser with the main action.
Australia has joined the UK and other western allies in introducing sanctions against “extremist settlers” accountable for the “horrific levels of settler violence against Palestinian civilians”. More coming up.
The high court will today rule on whether the Australian government should pay damages to a man it held in indefinite immigration detention for 18 months despite there being “no real prospect of [his] removal”.
Q&A
What is the significance of Safwat Abdel-Hady's case for non-citizens in Australia?
Abdel-Hady's case could establish whether approximately 350 non-citizens affected by a previous ruling can claim damages for false imprisonment due to indefinite detention.
Why was Safwat Abdel-Hady detained in immigration detention?
He was detained after his visa was cancelled by then home affairs minister Peter Dutton for pleading guilty to poisoning to endanger life in 2012.
What medical conditions prevented Safwat Abdel-Hady from being deported?
Abdel-Hady was declared not medically fit to travel for an 18-month period due to his medical conditions, which contributed to the lack of prospects for his removal from Australia.
