Haneef was detained under the Migration Act for the purposes of indefinite detention when the executive did not get the judicial ruling it wanted. This is classic exception governance which is outside the rule of law. This makes it repugnant to republicanism and liberal democracy; and consequently incompatible with them. Repudiation of the rule of law has follow on effects too. (more)
The Haneef judgement has been handed down and it was determined the Minister for Immigration did not apply the correct test under the Migration Act to cancel Haneef's Visa. Spender's decision pivots on the Chan decision which he views as invalid as it intrudes too far into freedom of association such that innocent association can fail the character test under the Migration Act - such as a "woman who had suffered domestic violence at the hands of her partner". (more)
