If new migrant rules are considered punishment, Labor’s new law could be vulnerable to challenges

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Home Affairs Minister Clare O’Neil said on Sunday the government expected to continue to tinker with immigration detention laws, telling Sky News: ‘This is not over.’

Home Affairs Minister Clare O’Neil (Image: AAP/Lukas Coch)

The Labor government’s hastily written new migration law could be vulnerable to High Court challenges, legal experts believe. 

Specifically, a question could arise whether imposing a curfew and monitoring ex-detainees would count as punishment, and whether that would run afoul of the constitution’s third chapter, which makes clear punitive measures are the jurisdiction of the courts.

Home Affairs Minister Clare O’Neil said on Sunday the government expected to continue to tinker with immigration detention laws, telling Sky News: “This is not over.”

Read more about Labor’s new migration laws…

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About the Author

Anton Nilsson

Politics Reporter @antonknilsson

Anton Nilsson is Crikey’s federal political reporter. He previously covered NSW Parliament for NCA NewsWire, and before that, worked for Sweden’s Expressen newspaper as well as other publications in Sweden, Australia and the United States.

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