Labor hampered by legal uncertainty as cops claim residence of some released asylum seekers unknown

Labor is ‘flying blind’ as it pursues extra community safety measures following the release of asylum-seekers from immigration detention, a legal expert says.

Labor is “flying blind” as it pursues extra community safety measures following the release of asylum seekers from immigration detention because acting too hastily risks further High Court challenges, a legal expert has warned.

As the federal government gears up to fight a challenge to new emergency laws mandating electronic monitoring and curfews for the cohort of now 116 detainees released from immigration detention, it can also be revealed there remains confusion about where some of the convicted criminals are living.

The sudden release of asylum seekers from detention after the High Court ruling delivered a shock verbal ruling months ahead of an expected written reasoning caught law enforcement off guard, a NSW Police source has claimed.

“With some of these cases, we still don’t know where some of them are,” the source said.

“It was unclear when they were released, were we meant to find them and monitor them? Were they meant to report to us?”

The source said it was “panic stations” at first, but the operation was ultimately Australian Border Force (ABF) and Australian Federal Police-led.

Law Professor George Williams says all parties involved in the High Court case are ‘flying blind’ until the reasoning behind the asylum-seeker release is published. Picture: Supplied

It is understood state authorities will monitor those in the cohort subjected by state-related legal requirements, like sex offender registries or AVOs.

Labor is considering further options to protect community safety, but constitutional law expert and UNSW Professor George Williams said there was “no point” legislating if the measures were struck down by the court.

Prof Williams said the High Court had put the government in a “difficult position” by taking the “unusual” step of verbally ordering the immediate release of the detainees, who cannot be deported, without giving its written reasoning.
“Everyone’s flying blind at the moment,” he said.

“Obviously the sooner the reasons are available the easier things will be.”

Prof Williams said any “gaps” in community safety should be addressed, but with one challenge already under way, the government must not be “too hasty” given the full reasoning could be months away.

“If you rush and go too far, bring in arbitrary laws, you may end up straight back in court,” he said.

“There are legal limits to what can be done … and you ignore them at your peril.”

Prime Minister Anthony Albanese says he is confident Labor’s community safety measures are constitutionally sound. Picture: NCA NewsWire / Jeremy Piper

Prime Minister Anthony Albanese on Thursday said he was confident Labor’s emergency laws monitoring the cohort — among them convicted child sex offenders, murderers and rapists — were constitutionally sound after the High Court challenge against them was revealed.

The plaintiff, a Chinese refugee known as S151, is seeking a declaration that the curfew and electronic tracking amount to punishment.

Electronic monitoring ankle bracelets have been mandated for all the released asylum seekers. Picture: Tim Hunter

An ABF spokeswoman said the agency and AFP were working “closely” with state and territory authorities to “support community safety,” but did not confirm if the residences of all detainees had been shared as part of the joint Operation AEGIS.

“The relevant state and territory authorities have agreed to provide electronic monitoring equipment and services to support the immediate response,” she said.

Coalition home affairs spokesman James Paterson said it was “very predictable” that “political activists” and their associated lawyers would try to legally test the new laws.

“The government advised us … they believe these provisions are constitutionally sound and we expect them to robustly defend them in the High Court,” he said.

Originally published as Labor hampered by legal uncertainty as cops claim residence of some released asylum seekers unknown