Ankle monitors, curfews on the cards for 80 criminals released from immigration detention

At least 62 of the criminals were convicted for “very serious” violent offences, among them murderers, peodophiles and rapists.

New emergency rules allowing the government to place ankle bracelets and curfews on criminals released from immigration detention have passed the Lower House just hours after they were unveiled.

The measures still need to get through the Senate where the Coalition will seek to strengthen Labor’s proposal by making the electronic monitoring and curfews mandatory for released detainees, of which there are now 84.

The Coalition also wants to prevent the released detainees from working with children and vulnerable people, and to prevent them from contacting their victims.

Opposition leader Peter Dutton questioned Labor’s plan for the “pipeline of 340 people and potentially more beyond that” who may also ultimately be allowed into the community.

Mr Dutton said the released detainees should be put back into detention, but the government has argued it has to follow the High Court’s ruling.

“This government has had months and months and months to deal with these issues. And they have chosen not to do so,” he said.

Murderers and sex offenders are among the people released from immigration detention centres. Picture: Jeremy Piper

Labor rushed to introduce emergency new laws after the group was released into the community by order of the High Court.

At least 62 of the criminals were convicted for “very serious” violent offences, among them murderers, peodophiles and rapists.

Of the 92 individuals identified by the federal government as impacted by the court ruling against their detention, of which 84 have been released into the community, 35 failed the character test under the Migration Act for “violent, sexual or exploitative” offences.

There are also 29 offenders who committed “very serious violent offences, very serious crimes against children, very serious family/domestic violence, sexual or exploitative offences against women”.

A further 21 people had been detained following crimes related to “national security, cybercrime, serious and high profile organised crime, gang related” or “high ranking” outlawed motorcycle club members.

Of the cohort 18 are citizens of Afghanistan, 17 from Iran, 10 from Sudan, seven from Iraq, four from South Sudan, with the remaining from a range of countries including China, Pakistan, Vietnam, Algeria, Cuba, Malaysia and Syria.

Nine of the group are “stateless” meaning they have no country of origin to be returned to, while the remainder cannot be deported having been confirmed as asylum seekers who would face persecution or danger if they were sent back.

Penny Wong on Wednesday confirmed the federal government would introduce legislation to respond to last week’s High Court ruling. Picture: NCA NewsWire / Martin Ollman

The home state of 40 detainees was NSW, 24 from Victoria, 11 from Queensland, nine from Western Australia, six from South Australia and two from the ACT.

The detainees may not all return to their home states upon their release, for example SA Police Commissioner Grant Stevens this week revealed he was expecting five refugees to be returned to his state.

During Question Time on Thursday, Acting Prime Minister Richard Marles revealed the government agreed “in principle” to the Coalition’s amendments to strengthen its emergency legislation to monitor and track the released detainees.

Mr Marles said the government had been working with the Opposition on its six amendments, which include making curfews and monitoring mandatory, and preventing the detainees from working with children and vulnerable people.

Foreign Affairs Minister Penny Wong on Wednesday confirmed the federal government would introduce legislation to respond to last week’s High Court ruling that the indefinite detention of those individuals was unlawful.

Acting Prime Minister Richard Marles revealed the government agreed “in principle” to the Coalition’s amendments to strengthen its emergency legislation to monitor and track the released detainees. Picture: NCA NewsWire / Martin Ollman

Ms Wong said the government was working through the issue, which has been complicated by the fact the court has not yet published its full reasoning for the decision.

“The government intends to introduce legislation shortly to further respond to the decision of the High Court and we look forward to the opposition assisting with passage of that legislation as soon as possible,” she said.

Opposition leader Peter Dutton urged Prime Minister Anthony Albanese not to go to San Francisco for the APEC leaders summit on Wednesday without first ensuring the release of “hardcore criminals” onto the streets had been dealt with.

“The government knew that this case was being decided in the High Court, they have the benefit of the advice of the first law officer of this country, the Solicitor General and countless KCs at their disposal,” Mr Dutton said.

“A competent Minister would have dealt with this matter by way of legislation at the first available opportunity and he would have rushed that legislation through this Parliament so as to prevent the 83 from going out into the community with the significant potential of committing more offences against the Australian public.”

Mr Dutton accused Mr Albanese of being “missing in action when the Australian people need him most”.

The Prime Minister was scathing of the Opposition’s attempt to use a motion in parliament to link concern about the rise in anti-Semitism in the community to the issue of the asylum seeker case, describing it as blatant political “opportunism”.

“The weaponisation or attempt to weaponise anti-Semitism in this chamber and make it a partisan issue is frankly beyond contempt. Frankly beyond contempt,” Mr Albanese said.

Labor has also refused to confirm if some asylum seekers convicted of serious crimes were released into the community without visas after the court ruling, contradicting an earlier claim by Ms Wong on Sunday.

Immigration Minister Andrew Giles was grilled in Question Time on Wednesday over reports several asylum seekers released from detention in the wake of the court decision were not immediately given visas and instead told they were considered unlawful non-citizens.

The Coalition repeatedly asked Mr Giles to confirm an ABC report that some of the cohort of 81 people released were initially given a letter by the Department of Home Affairs explaining they would be granted a visa in the future.

Mr Giles said all individuals have been placed on visas with “appropriate conditions,” but he avoided stating if this had always been the case.