10 June 2026

Today’s High Court decision in Abdel-Hady v Commonwealth of Australia [2026] means that an unlawful non-citizen whose removal from Australia has no real prospect of becoming practicable in the reasonably foreseeable future can sue for false imprisonment, says the Australian Lawyers Alliance (ALA).

“There have been previous estimates of up to 340 detainees in this position after the High Court ruled in November 2023, that indefinite immigration detention - that is, detention with no end point - is unlawful,” said Greg Barns SC, spokesperson for the ALA.

“The ALA has long held the view that the scheme of mandatory detention is at considerable cost to the taxpayer and this latest decision will see claims for compensation which will run into the tens of millions of dollars.

“Previously the Commonwealth government agreed to pay $70 million (plus costs) to settle a class action involving detainees on Manus Island. There have also, post the Tampa incident in 2001, been numerous claims brought by individual asylum seekers for mental and physical harm - with the Commonwealth having to pay compensation.

“This is another reason why mandatory detention must cease immediately.”