Despite the deportation taking place late last year, the Government continued its bid to appeal against the Federal Court ruling and thereby avoid a precedent that could affect hundreds of other detainees.

In the High Court, Justice Michael Kirby intimated the Government was wasting the court's time by trying to appeal against a decision regarding Palestinian man Akram al Masri.

Justice Kirby rejected any appeal, effectively ruling indefinite mandatory detention was unlawful.

"I just have to put it out of my mind that there are so many of these cases in this country, that to take on one where someone has left the country seems excessive enthusiasm," Justice Michael Kirby told Solicitor-General David Bennett, QC, today.

 Later in the article:

In the Family Court, Justice Richard Chisholm appealed to Mr Ruddock to show compassion to an Iranian family in detention for 32 months.

Justice Chisholm said he did not have the power to release the family from detention despite evidence of them suffering "highly damaging experiences in their time in Australia".

But the minister did have such power, he said.

"The evidence indicates that they have had terrible experiences in detention, and they are now in a serious state of mental ill health and distress," Justice Chisholm said.

The parents and children - girls now aged 19 and 15 and a four-year-old boy - have appealed against the rejection of their visa applications which subsequently earmarked them for deportation.

They asked the Family Court to release them until their High Court appeal was decided.

"I do not have the power or jurisdiction to make the orders sought by the applicants," Justice Chisholm said.

"Nevertheless, I hope that now that all the evidence is available, the minister might give further consideration to whether some alternative arrangements might be made that would help these unfortunate children.

"It is within the minister's legal powers to arrange this.

"I express the hope that he will give careful and compassionate consideration to the urgent needs of this unfortunate family."

I remember as a school kid reading history and being horrified by events recorded; the Holocaust for example.  "How could they do this," I asked my Mum. She didn't know either, but gentle and un-judgmental as she always was, she would say that perhaps it wasn't so easy to see what was happening close to the events. Well, we're "in the events now."  It's obvious that as a nation we are treating people without mercy or compassion.  History will judge us harshly.  My mum's answer will never be enough.  We do know now that what we are doing is wrong and inhumane. The courts themselves say it. Yet we tolerate our government's constant fixation and lack of mercy, and its lies.