High Court Upholds Immigration Detention During Visa Processing

The ruling confirms the constitutionality of detaining asylum seekers for administrative purposes, even without a reasonable prospect of removal.

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.