High Court overlooks suffering of prolonged detention for people seeking asylum

The Asylum Seeker Resource Centre (ASRC) is disappointed by today’s High Court decision in the case of CZA19 and DBD24. The Court held that detaining people seeking asylum while their visa applications are pending is lawful in some instances, even when there is no real prospect of their removal in the foreseeable future.

The ASRC’s client, LPSP, was allowed to join the case as a “friend of the court” because he had started a class action in the Federal Court with the same argument as the main applicants. His argument was that once someone is recognised as needing protection, their detention is no longer lawful. High Court Justice Edelman called LPSP’s arguments “strong,” even though the court ultimately disagreed with the main claim made by CZA19 and DBD24.

The decision permits the continuation of prolonged detention practices that are cruel and inhumane.

The judgment means that even if it’s clear someone will eventually be released into the community – either because they get a visa or removal isn’t possible – they can still be kept in detention indefinitely while their visa application is processed. This goes against human rights and moral standards, continuing a system of long, unnecessary, and harmful detention.

Despite the landmark NZYQ decision, the ASRC continues to see people seeking asylum held for years and the devastating impact on their lives, their family and community. The ASRC’s Human Rights Law Program will continue to challenge and advocate for a migration system grounded in fairness, justice and human dignity.

ASRC client, LPSP, said:

“This decision is just awful. It was unnecessary for us to be held in detention for so long and many people are now depressed and struggling to recover from what they endured in detention. We are paranoid about what is going to happen next. Being held in the camp with no release date was torture, we were so scared of being sent back to a country that we barely knew.”

Jana Favero, Deputy CEO at ASRC, said:

“This is not just a legal matter—it’s about the kind of country we want to be and ensuring all in our community are treated fairly and equally. Do we uphold the right to freedom, or do we continue to punish people for seeking safety? Human rights and equality before the law must shape our actions and values. We have already seen divisive and discriminatory rhetoric in the early days of the election campaign and are concerned what will come next.“

Catherine Holbeche, Acting Principal Solicitor at ASRC, said:

“For people seeking asylum, the experience of prolonged detention replicates past trauma, deprivation of rights and liberty from which they fled. The High Court has today failed to recognise the human consequences of its decision and the impact this has both for those still in immigration detention with no end date and for those who have endured lengthy periods of detention in the past. In particular, on behalf of our client, LPSP, who is peacefully  living in our community.

“We wish to acknowledge the devastation that this decision will cause to our client and his supporters. LPSP and others in his cohort did not need to be detained for years on end while their visa applications were processed.”

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