Section 253(8) of the Migration Act 1958 (Cth) does not contain an implied temporal limitation on the detention of deportees. Detention remains lawful so long as it is for the purpose of deportation, even where there is no real likelihood of removal in the reasonably foreseeable future. The constitutional separation of powers does not require a different construction because the deportation detention regime is discretionary and subject to judicial review under s 253(9). The only basis for challenging the lawfulness of detention under s 253(8) is to show that the detention is not bona fide for the purpose of deportation.
The full text is available to signed-in members.