Overview

• The High Court unanimously ruled that detaining two asylum seekers during their visa processing was constitutionally valid.
• The decision clarifies that the 2023 NZYQ ruling, which ended indefinite detention, does not apply to cases involving visa processing.
• The asylum seekers, from Poland and Vietnam, argued their detention was punitive and unconstitutional due to the lack of a removal prospect.
• The court found that immigration detention serves an administrative purpose and is not considered punitive under the constitution.
• Both asylum seekers faced severe risks, including cruel treatment and the death penalty, if deported to their home countries.