MEDIA RELEASE: High Court decision paves way for justice for people harmed by indefinite immigration detention

Media Release, Wednesday 10 June 2026

The Asylum Seeker Resource Centre has welcomed today’s High Court decision in Abdel-Hady v Commonwealth of Australia, saying it is a significant outcome for people who have been unlawfully detained and are still living with the consequences of Australia’s harmful immigration detention regime.

The High Court today rejected the Commonwealth’s attempt to avoid liability for the false imprisonment of Safwat Abdel-Hady, after the Commonwealth admitted that his detention between 28 July 2022 and 13 February 2024 was not authorised under the Migration Act.

The ASRC said the decision matters far beyond one case, because it confirms governments cannot unlawfully deprive people of their liberty and then avoid responsibility for the harm they have caused.

For decades, Australia’s immigration detention system has inflicted profound harm on people, including refugees and people seeking asylum who came to Australia seeking safety.

People have been locked up for years without knowing when their detention would come to an end. They have been separated from partners, children, parents and communities. They have been denied their most basic rights of safety, freedom and dignity.

The harm of detention is severe and enduring. It has been repeatedly shown that people in immigration detention have experienced serious mental health deterioration, self-harm, medical neglect, isolation, family separation and retraumatisation. 

ASRC Deputy CEO Jana Favero said:

“Today’s decision was a critical step towards justice for people who have had years of their lives taken from them by Australia’s immigration detention system.

This is a significant outcome, because it paves the way for people to finally access justice for the cruelty inflicted on them. We have always said that indefinite detention is harmful and comes at the cost of people’s health, their mental health,and their wellbeing. Families have been separated and people are still living with the consequences of having years of their lives stolen from them.”

This decision is not just about the years that have been taken from people, it is also about the harm that has been done to them during that time. It is about the trauma that has been inflicted on them in the detention environment – the use of restraints including body belts and handcuffs, medical neglect, and having every moment of their lives controlled by security guards.

People who came here seeking protection have been and in many cases, still are subjected to a system that stripped them of freedom, dignity and hope.

No government should be able to unlawfully detain people and then walk away from the damage it has caused. People who have survived years of detention deserve justice, accountability and the chance to rebuild their lives in safety and dignity.

The lesson from this case is clear – this harm should never have been inflicted, and the government must ensure it never happens again.”

For media enquiries or interviews, contact:
Natasha Blucher on 0412 034 821 or media@asrc.org.au