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

Abstract

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 powers and in strengthening due process protections.