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Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial.The Human Rights Watch considers this practice as violating national and international laws, particularly human rights laws, although it remains in legislation in various liberal democracies.
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure.
Furthermore, detention policies have worked to disregard the sanctity of the family unit, violate the rights of refugees and asylum seekers, and ignore both domestic and international laws of due process. The intent behind a grievance procedure is meant to keep detention officials in check and prevent their abuse of power.
The justices will consider the federal government's appeal of a case brought by lawyers with the American Civil Liberties Union.
Laws allowing indefinite detention of asylum seekers have shaped Australia's border politics for the last two decades, as the government routinely held people for prolonged periods of time ...
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Mandatory detention of asylum seekers (so called, "unlawful arrivals") in Australia was established by the Keating government by the Migration Reform Act 1992 which came into operation on 1 September 1994. It was originally intended as an interim measure.
Also at the same time the law was changed to permit indefinite detention, from the previous limit of 273 days. Mandatory detention has continued to be part of a campaign by successive Australian governments to stop people without a valid visa (typically asylum seekers) entering the country by boat.