s195/2016

Legal Challenge of Offshore Detention 2017, reason for failure

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: