Oghenehoro Evi Eni
A Review of Indefinite Immigration Detention and The High Court’s Power of Judicial Review in Protecting Liberty and Due Process Indefinite immigration detention is a situation where a non-citizen is held in custody by immigration authorities for a long period without a clear or fixed release date. This usually happens when deportation is delayed uncertain or not immediately possible. While governments argue that immigration detention is necessary for border control and enforcement of immigration laws holding people for too long without a definite timeline raises serious concerns about human liberty fairness and due process. This review examines how indefinite immigration detention challenges basic legal and human rights principles especially the right to freedom from arbitrary detention. It also explains the important role of the High Court through judicial review in checking government power. Judicial review allows courts to examine whether immigration detention decisions are lawful reasonable and properly justified. Where detention becomes excessive unfair or unsupported by law the High Court can intervene to protect individual rights and ensure compliance with constitutional and human rights standards. The paper further discusses the balance between state control of immigration and the protection of individual liberty. It highlights how courts try to ensure that detention is not used as punishment or convenience but only as a necessary and proportionate measure. Furthermore the review shows that judicial review remains a major safeguard in preventing abuse of immigration detention power administrative law arbitrary detention. immigration control Indefinite immigration detention judicial review ANZSRC 480504 Immigration detention Due process Political Science and International Relations

Bio

Oghenehoro Evi Eni is an independent immigration and business law scholar based in the United States, with research interests in indefinite immigration detention, judicial review, administrative law, and due process.

Research

A Review of Indefinite Immigration Detention and The High Court’s Power of Judicial Review in Protecting Liberty and Due Process

Article June 26, 2026