On 8 November 2023, the High Court answered questions of law reserved for its consideration in a special case to the effect that ss 189(1) and 196(1) of the Migration Act 1958 (Cth) ("the Act"), on their proper construction, authorised the plaintiff's detention as at 30 May 2023 and 8 November 2023, but the sections are beyond the legislative power of the Commonwealth Parliament insofar as they applied to the plaintiff as at those dates.
The order was announced as having been agreed to by "at least a majority" of the Court. Today, the High Court published its unanimous reasons for that order.
Source: NZYQ-v-Minister-for-immigration----Judgement-Summary-28-Nov-2023.pdf
and
NZYQ-v-Minister-Publication-of-Reasons-28-Nov-2023.pdf
and