Richard Ackland has written an interesting profile of banking royal commissioner and former High Court judge Ken Hayne. It includes this tidbit about the Commonwealth Government’s tactics to protect the worst ever High Court decision:
But the albatross around Hayne’s neck is the notorious 2004 High Court case of Al-Kateb v Godwin. Hayne delivered the leading judgement for the majority where it was held that the indefinite detention of a stateless person who had not been charged with any crime was lawful.
… [A depressing decision] from which the High Court has since, differently constituted, tried to nibble its way out. The Commonwealth is keen not to have the Al-Kateb flame extinguished, so whenever a refugee or asylum seeker in similar circumstances brings proceedings in the court that confronts the 2004 decision, the government smartly steps in and issues a visa. Case over.