Al-Kateb V Godwin - Judgment

Judgment

The ultimate decision, reached by a majority of four judges to three, was that the Migration Act did permit indefinite detention. Each judge delivered a separate judgment with Justices McHugh, Hayne, Callinan and Heydon forming the majority, although Justice Heydon agreed entirely with Justice Hayne, and offered no extra reasoning. Chief Justice Gleeson and Justices Gummow and Kirby dissented, finding instead that the Migration Act should not be interpreted to permit indefinite detention.

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    “Whoever will imagine a perpetual confession of ignorance, a judgment without leaning or inclination, on any occasion whatever, has a conception of Pyrrhonism.”
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