The Constitution, the High Court and Asylum-Seekers

11 Pages Posted: 8 Aug 2012

Date Written: February 17, 2012


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.

Suggested Citation

Poynder, Nicholas, The Constitution, the High Court and Asylum-Seekers (February 17, 2012). UNSW Law Research Paper No. 2012-31, Available at SSRN:

Nicholas Poynder (Contact Author)

New South Wales Bar ( email )

Selborne Chambers
174 Phillip Street
Sydney, New South Wales, 2000 DX 1204

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