And third, he is entitled to adequate compensation. It makes no difference that he was not an Australian citizen, nor does it make any difference that he arrived in Australia illegally. These factors do not justify arbitrary and non-reviewable detention. The Committee's decision does not say that detention is never justifiable. While it is not of itself a criminal offence to enter Australia illegally, it is widely accepted that management of entry procedures may justify a period of detention for the purposes of ascertaining identity and intent.
Persons fleeing persecution often have to cross borders illegally.
Indeed, this is and has been the case for the majority of the world's refugees. There is nothing remarkable about the Committee's decision, and the Government cannot be surprised by it. In reaching its decision, the Committee observed that Australia had advanced no individual justification for continued detention in this case. One can infer from this that the immigration authorities were satisfied of A's identity, that his request for asylum was made in good faith, that he was not likely to abscond and that he was not considered to be a security risk. In Australia, a person charged with a criminal offence is entitled to apply for bail.