High Court of Australia

Friends, I am uploading the HCA 31 (S195/2016) Order, which an asylum-seeker in 2017 had sought to challenge the Government's Offshore Detention Regime, following the PNG Supreme Court ruling that asylum-seeker's detention on PNG soil is unconstitutional (PNG). Gallant effort, no doubt, on the part of the asylum-seeker but the judges said the points being raised have not been quite within the bounds of Australian Constitution. We need to observe why this challenge had failed. For example, the High Court mentioned there were no question being raised about Australian Law as:

"Slavery may exist even without torture. Slaves may be well fed, well clothed, and comfortably housed, but they are still slaves if without lawful process they are deprived of their freedom by forceful restraint." (Nuernberg Military Tribunal 3-Nov-1947, Opinion and Judgment on Case 4. United State vs. Pohl)