73. 然而，工作组一再指出，鉴于高等法院的裁决，政府未能解释非公民如何能够有效地质疑对他们的继续拘留，而这是政府为了遵守《公约》第九条和第二十六条必须做的。为此，工作组再次特别回顾了人权事务委员会的判例，该判例审查了高等法院对 Al-Kateb 诉 Godwin 案的判决的影响，并得出结论认为，该判决的影响是，没有有效的补救办法来质疑持续行政拘留的合法性。16
73. However, the Working Group has repeatedly noted that the Government fails to explain how non-citizens can effectively challenge their continued detention given the decision of the High Court, which is what the Government must do in order to comply with articles 9 and 26 of the Covenant. To this end, the Working Group once again specifically recalls the jurisprudence of the Human Rights Committee, which has examined the implications of the High Court’s judgment in Al-Kateb v. Godwin and has concluded that the effect of that judgment is such that there is no effective remedy to challenge the legality of continued administrative detention.16