Immigration detainee allegedly broke visa curfew 10 times as AFP make more arrests

Two former immigration detainees released by the High Court last year have been arrested for breaching visa conditions over the festive season, including a man who allegedly broke curfew 10 times.

Two former immigration detainees released following a High Court ruling last year have been arrested for breaching visa conditions over the festive season, including a man who allegedly broke curfew 10 times.

At least nine of the cohort of 150 individuals set free into the community after the court found their indefinite detention was unlawful have been arrested since their release, including four in relation to breaching strict Commonwealth visa conditions legislated shortly before Christmas.

A 45-year-old Afghan man was arrested by Australian Federal Police in Merrylands in Sydney’s west on December 30 and charged with 10 counts of failing to comply with a residential curfew imposed following his release from immigration detention.

The AFP allege the man breached the conditions of his Commonwealth visa between December 15 and 28, with the offences carrying a maximum penalty of five years’ imprisonment and a $93,900 fine.

He was remanded in custody after appearing in the Parramatta Local Court on New Year’s Eve and is due to face court again on January 19.

At least four former immigration detainees have been charged for allegedly breaching strict curfew conditions since their release. Picture: Jeremy Piper

Meanwhile on Christmas Day the AFP arrested a 38-year-old Iranian man in Perth and charged him with one count of failing to comply with the curfew conditions of his visa on December 24.

Three days earlier the same man had been issued a summons to appear in court for “failing to ensure his monitoring device remained in good working order”.

He was due to face a Northbridge Magistrates Court on Boxing Day.

Coalition home affairs spokesman James Paterson has demanded the federal government immediately use additional new preventive detention laws passed in December to lock up high-risk offenders among the cohort released to date.

“How many former detainees need to be arrested before the Albanese government finally uses the preventive detention laws passed by the parliament before Christmas to protect the community,” he said.

“We didn’t legislate them just for the fun of it.”

Coalition home affairs spokesman James Paterson has called on Labor to use new preventive detention measures on the released detainees. Picture: NCA NewsWire / Martin Ollman

The visa conditions and preventive detention regime were rushed through parliament at the end of 2023 following the High Court’s November 8 ruling that a stateless Rohingya man convicted of child sex offences who cannot be deported, known only as NZYQ, could not be held in immigration detention indefinitely.

New requirements included mandatory wearing of electronic ankle monitors and complying with a residential curfew.

Four former detainees have been charged with breaching these visa conditions since they were released.

A further five NZYQ-affected individuals have been arrested in relation to alleged state and territory offences, bringing the total number of people re-detained by police to nine out of the cohort of 149 former detainees.

Shortly before Christmas a man was expected to be arrested in Victoria on an outstanding return-to-prison warrant related to historic offences prior to being held in immigration detention, while another former detainee, Sudanese refugee William Yekrop, was also arrested on a similar warrant in Queensland.

Immigration Minister Andrew Giles. Picture: NCA NewsWire / Martin Ollman

Other former detainees arrested for state-related offences allegedly committed after their release by the High Court include former ringleader of a child exploitation gang, 33-year-old Emran Dad, who allegedly breached his reporting obligations and made contact with minors.

Meanwhile Afghan refugee Aliyawa Yawari was remanded in custody on two charges related to his alleged indecent assault of a woman in Adelaide just weeks after the 65-year-old was released from Yongah Hill detention facility in Western Australia.

NSW police have also charged another released detainee, 45-year-old Mohammed Ali Nadari, for drug possession after he was allegedly found with cannabis.

In December Labor formed a board made up of former cops and border force officials to go through the list of detainees and assess what measures should be imposed on them, including preventive detention, supervision orders or other visa requirements.

The new Community Protection Board will provide “evidence-based recommendations” about how to manage the 149 former detainees.

The board will advise Australian Border Force Commissioner Michael Outram and Immigration Minister Andrew Giles on how to strengthen community safety.