Labor reissues visas to 149 former detainees after legal bungle

Ten former immigration detainees arrested for breaching visa conditions after their release are expected to walk free “without any consequences” due to a legal blunder the Albanese Government is now rushing to fix.

Ten former immigration detainees arrested for breaching visa conditions after their release are expected to walk free “without any consequences” due to a legal blunder the Albanese Government is now rushing to fix.

Labor has been accused of “breathtaking incompetence” following revelations the government issued invalid visas to 149 convicted criminals released after the NZYQ High Court ruling in November.

Lawyers for the Department of Home Affairs recently found a “technical inconsistency” in Abbott Government-era laws, which subsequently voided Labor’s strict measures passed last year to monitor the detainee cohort.

This invalidated the visas, which imposed conditions such as curfews, regular check-ins and wearing electronic ankle monitors on the former detainees.

Since the detainees were released the Australian Federal Police have made 13 arrests in relation to 10 men who were charged with breaching their visa conditions.

Immigration Minister Andrew Giles says Labor is reissuing visas to the 149 detainees and the blunder does not impact those charged with state criminal offences. Picture: NCA NewsWire / Martin Ollman

Several skipped curfew or failed to check in with authorities on multiple occasions despite repeated warnings to do so.

However the legal bungle means none of the men technically held a valid visa to breach, and it is now expected they will all have their charges dropped.

Documents released during Senate Estimates reveal the historic offences among the cohort of released detainees. Picture: NCA NewsWire / Martin Ollman

The visa issue does not impact the eight detainees who have been charged with reoffending under state criminal laws.

Immigration Minister Andrew Giles said the issue dated back to the creation of the visa class in 2013.

“The issue is being quickly resolved and there had been no lapse in the constant monitoring of this cohort as a result of this technical matter,” he said.

Mr Giles said the potentially void charges for visa breaches was a “matter for law enforcement authorities”.

He said there had been “no changes” to visa conditions as a result of the legal issue.

“At all times we will be guided by the protection of Australian people and adherence to the law,” he said.

Coalition home affairs spokesman James Paterson has accused Labor of ‘breathtaking incompetence’. Picture: NCA NewsWire / Martin Ollman

But Coalition home affairs spokesman James Paterson said it was “no wonder” Australians had “no faith in Labor” on national security and community safety.

“Even by the Albanese Government’s low standards this is breathtaking incompetence,” he said.

“Because of their ineptitude, hardened criminals released onto the streets who breached their visa conditions will walk free without any consequences.”

Documents provided to Senate Estimates last month revealed of the 149 asylum seekers released after the High Court determined the government could not indefinitely detain them, seven of the cohort were murderers.

Also among the group is 37 are sex offenders, 16 domestic violence offenders, 13 drug traffickers, and five people convicted of people smuggling or other crimes of international significance.

Just five of those released had committed low-level crimes, or were not criminal offenders.

Originally published as Labor reissues visas to 149 former detainees after legal bungle