Saying they committed no crime is such a weak argument in an otherwise excellent paper. 11 million men were detained without charge or trial at the end of the Second world War. They were prisioners of war.
CDU Introduction to Public Law students should be taking careful note of the current public controversy over refugees indefinitely held in immigration detention as a result of adverse ASIO security assessments which they cannot effectively challenge. Secret evidence provisions in ASIO regulations mean they can be denied all knowledge of the reasons and supporting evidence for an adverse assessment. In our recent topic 9 tutorial (judicial power and separation of powers) we looked at High Court decisions in the Gypsy Jokers and K-Generation cases, which both involved legislation containing similar secret evidence provisions to the ASIO situation currently affecting refugees.
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