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May 16, 2026International Journal of Refugee LawOpen Access

The changing landscape of immigration detention in Australia: preventive ‘crimmigration’ and the legislative response to NZYQ

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Authors

TTTamara TulichMKMary KennySMSarah Murray

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Overview

Examines legislative responses to immigration detention changes post-NZYQ, indicating a rise in punitive measures.

Key Points

  • The aim is to analyze the impact of the High Court's NZYQ decision on immigration detention policies in Australia.
  • Analysis of High Court decisions including NZYQ and YBFZ
  • Review of legislative changes following the NZYQ ruling
  • Examination of the implications for asylum seekers and detainees
  • Over 300 detainees were released following the NZYQ decision due to indefinite detention being deemed unlawful.
  • New restrictive visa conditions, including curfews and electronic monitoring, were imposed on released detainees.
  • The High Court found certain monitoring conditions unconstitutional, prompting further regulatory changes by the Commonwealth.

Cite This Study

Tulich et al. (2025) studied this question.

synapsesocial.com/papers/6a080b84a487c87a6a40d97dhttps://doi.org/10.1093/ijrl/eeaf053
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