The majority in the High Court of Australia in ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 raises what it describes as a systemic problem thrown up by the circumstances arising in that case. The majority makes specific mention of the problem because of alternative views expressed by other judges in the High Court. The majority at [31] takes the opportunity to spell out that the problem that arose in [2020] HCA 34 was not due to any “latent defect in the legislative scheme of the Migration Act 1958 (Cth), Pt 7AA, rendering it incapable of fulfilling its legislative purpose” but rather was due to an administrative practices that “can readily be remedied administratively” .