14 见第 1/2019 和第 7/2019 号意见。述案件中，高等法院认为，《移民法》中要求拘留非公民直至其被驱逐、递解出境或获得签证的条款是有效的，即使驱逐在可预见的未来不太可行。
71. Furthermore, the Working Group notes the argument presented by the source that Mr. Jaffarie, as a non-citizen, appears to be in a different situation from Australian citizens in relation to his ability to effectively challenge the legality of his detention before the domestic courts and tribunals as a result of the decision of the High Court in Al-Kateb v. Godwin. According to that decision, while Australian citizens can challenge administrative detention, non-citizens cannot. The Government denies those allegations, arguing that, in the cited case, the High Court held that provisions of the Migration Act requiring the detention of non-citizens until they are removed, deported or granted a visa, even if removal were not reasonably practicable in the foreseeable future, were valid.