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University of New South Wales Faculty of Law Research Series

Faculty of Law, UNSW
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Poynder, Nicholas --- "The Constitution, the High Court and Asylum-Seekers" [2012] UNSWLRS 31

Last Updated: 7 August 2012

The Constitution, the High Court and Asylum-Seekers

Nicholas Poynder, New South Wales Bar

This paper is available for download at


This paper was presented at 2012 Constitutional Law Conference, Domain Theatre, Art Gallery of NSW, Friday 17 February 2012. This paper may also be referenced as [2012] UNSWLRS 31.


This paper reviews the most recent 20-year developments of Constitutional challenges to the treatment of asylum seekers. Both the detention regime and the minimum guarantee of access to the High Court to seek constitutional writs are observed. Nevertheless, the trend to keep the boat arrivals out of Australia by the government is also found in current developments. The future of such developments, therefore, is uncertain.

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