A ‘prudent and responsible government’ would prepare for High Court loss: James Paterson

Shadow Home Affairs Minister James Paterson says any “prudent and responsible government” would have prepared for the possibility of the High Court ruling indefinite detention was unlawful.

The High Court’s ruling that indefinite immigration detention was unlawful allowed for the immediate release of 93 people, including three murderers and several sex offenders.

It took Labor more than a week to pass legislation through parliament in response to the decision after departmental advice from Home Affairs told the government it was likely to win the case.

“It’s almost certainly true that the department provided that advice to the minister, but that’s not an excuse for the government,” Mr Paterson told Sky News Australia.

“The department would not have said it is a certainty that we are going to win and you do not have to worry about the prospect that we might lose because we are definitely going to win.

“Like all legal advice, it would have been very carefully couched – it would have said on the preponderance of probabilities, we think we are probably going to win, but there is always a risk with the High Court that we may lose."

Видео A ‘prudent and responsible government’ would prepare for High Court loss: James Paterson канала Sky News Australia