Greens call Labor to scrap detainee laws after High Court dismisses ASF17 appeal

The Coalition and the Greens have hit out at Labor’s migration laws, despite the High Court giving the government a major win on detainees.

Labor’s bid to jail non-citizens who resist deportation jailed for up to five years has faced a renewed wave of backlash as the Greens and Coalition move to stifle the passage of new migration laws after a High Court ruling.

The High Court ruled on Friday that indefinite detention is lawful if a non-citizen resists their own deportation.

The ruling marks a major win for federal Labor, which is seeking to jail detainees who refuse to co-operate with their removal for up to five years.

Immigration Minister Andrew Giles welcomed the decision and challenged Opposition Leader Peter Dutton to back the government’s Bill, which will return to the Senate next week.

Immigration Minister Andrew Giles has welcomed the High Court's decision at his first press conference in weeks. Picture: Supplied

Immigration Minister Andrew Giles, with Home Affairs Clare O’Neil, last spoke at a media conference at Parliament House in Canberra in late March. Picture: NCA NewsWire / Martin Ollman

“Mr Dutton has had so many positions on this Bill, I think everyone’s lost count of them,” Mr Giles said at his first media conference in weeks.

“It’s time for him to come with the government and do the right thing to help us manage our migration system and keep the community safer.”

Speaking on Friday, Greens Senator David Shoebridge lashed out at the court’s judgment and called on Labor’s to scrap its ‘Trump-like’ migration laws.

“These laws are grossly unnecessary, they were unnecessary from day one. But now with this High Court decision, there is no legitimate basis apart from cruelty,” Senator Shoebridge said.

Greens senator David Shoebridge has lashed out at the government’s detainee Bill, which he says his party will not support. Picture: NCA NewsWire / Martin Ollman

“Under this ruling, there will be a class of people who have a genuine and real fear about being persecuted if they’re returned to a country … but who have been refused by a system that everybody acknowledges is unfair.

“If they’ve been refused by that system for their asylum claim, the High Court has said there is a chance that they could be held indefinitely in detention.”

The Coalition welcomed the High Court’s ruling but criticised Labor’s hurried approach to pass its extraordinary powers immigration powers through federal parliament.

“The Albanese government did not have to rush through legislation in the last sitting of parliament with absolutely no scrutiny, which has become a hallmark of the Albanese government,” shadow attorney-general Michaelia Cash told reporters in Perth.

New figures released by the Community Protection Board on Friday showed that of the 153 detainees released to date, 76 were subject to ankle monitoring and 68 were subject to the curfew.

Seizing on the data, immigration spokesman Dan Tehan said Mr Giles had abrogated responsibility to the board.

“We need to know the answer to why all those 153 hardened criminals have not had curfews imposed on them and are not wearing ankle bracelets,” Mr Tehan said.

All seven High Court justices ruled to dismiss the appeal. Picture: NCA NewsWire / Martin Ollman

The High Court handed down its ruling on Friday in the case of an Iranian detainee, known as ASF17, who has refused to return to Iran where he fears persecution because of his sexuality and religious faith.

It is understood up to 170 immigration detainees will not be released due to the landmark decision.

Friday’s ruling means the government will not be forced to release people from detention where they cannot be removed from Australia, even if their unwillingness to cooperate is a contributing factor.

The case was heard following a landmark High Court ruling in November that found indefinite detention to be unlawful.

The NZYQ case triggered the release of about 150 non-citizens into the community, including those who had been convicted of serious crimes such as murder and rape.

Labor tried and failed to ram through legislation to attempt to jail detainees who resist deportation at least one year ahead of Friday’s court decision.

The Bill was sent to a Senate inquiry earlier this week which supported the passage of the contentious laws, which could see visa applications from countries that do not accept citizens being involuntarily returned, such as Iran, Iraq and South Sudan, be blocked by the Immigration Minister.

Ninette Simons, the victim of an assault and burglary in the Perth suburb of Girrawheen

Friday’s ruling also follows a political firestorm over why a former detainee charged with his alleged involvement in a violent Perth home invasion had his ankle monitoring bracelet removed after advice from a community protection board.

Ninette Simons, 73, and her 76-year-old husband Philip were victims of a home invasion after three men allegedly conned their way into her Perth home by pretending to be police officers.

Police allege Mr Simons was tied up and his wife was physically assaulted before $200,000 worth of jewellery was stolen from their home.

Prime Minister Anthony Albanese spoke ahead of the move. Picture: NCA NewsWire / Martin Ollman

Speaking in Canberra ahead of Friday’s decision, Prime Minister Anthony Albaneses said the government should have the capacity to deport people who had “no right” to remain in Australia.

“They’ve exhausted their legal processes, they’ve been found not to have any right to stay here, they shouldn’t be just allowed to self-nominate in staying here,” Mr Albanese said.

“These are not people who have been found to be refugees, indeed the opposite is the case, they should not be just allowed to stay here.”

Originally published as Greens call Labor to scrap detainee laws after High Court dismisses ASF17 appeal