Al-Kateb v Godwin
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Al-Kateb v Godwin was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Minister for Immigration's decision refusing his application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002 Al-Kateb declared that he wished to return to either Kuwait or Gaza. However, when it was discovered that no country would accept Al-Kateb, rendering him state...
Al-Kateb v Godwin was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Minister for Immigration's decision refusing his application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002 Al-Kateb declared that he wished to return to either Kuwait or Gaza. However, when it was discovered that no country would accept Al-Kateb, rendering him stateless, he was detained under the policy of mandatory detention. The two main issues considered by the High Court were whether the Migration Act 1958 (the legislation governing immigration to Australia) permitted a person in Al-Kateb's situation to be detained indefinitely, and if so, whether this was permissible under the Constitution of Australia. A majority of the court decided that the Actdid allow indefinite detention, and that the Act was not unconstitutional.
