High Court to explain asylum seeker release decision; $255 million injection to help track convicted detainees
It left Labor scrambling with its ruling which released convicted criminals from immigration detention. Now the High Court will publish its reasons for overturning a 20-year-precedent.
NSW
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After leaving Labor “flying blind” scrambling to respond to the release of non-citizens from immigration detention the High Court has announced it will publish the reasons for ruling convicted criminals be released into the community.
The court confirmed in a short statement on X, formerly known as Twitter, it would publish the reasons for its November 8 decision overturning a 20-year precedent that lead to the release of now 141 foreigners on Tuesday.
“Reasons will be published in NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor at 2.15pm on Tuesday 28 November 2023,” the court said.
Labor lost its case arguing to keep a Rohingya man, known as NZYQ, who had been convicted of child rape, in immigration detention due to being unable to deport him to Myanmar where he would face persecution.
The government was forced to then release similar detainees, including dozens convicted of “serious crimes” such as murder, rape and child sex offences, almost immediately after the High Court took the unusual step of making a verbal decision in advance of publishing its full reasons.
Constitutional law expert and UNSW Professor George Williams previously described this as leaving the government “in a difficult position” as it tried to respond to the decision without knowing the full details.
“Everyone’s flying blind at the moment,” he said.
“Obviously the sooner the reasons are available the easier things will be.”
FEARS ASYLUM SEEKER HAS ‘ABSCONDED’
It comes as four asylum seekers are under investigation after refusing to wear an electronic ankle monitoring bracelet, including one detainee who “appears to have absconded”.
Australian Border Force Commissioner Michael Outram on Monday revealed of the 138 released detainees subjected to mandatory ankle bracelet monitoring and curfews since the November 8 High Court ruling, 132 are now wearing an electronic monitoring bracelet, while two further cases are being worked through due to health conditions and four have refused the trackers.
Mr Outram said attempts were still being made to contact one of the four people refusing to wear the ankle monitors.
“In one case that’s been referred to the Australian Federal Police we’re still making attempts to contact that person,” he said.
“The other three have been contacted and we know where they are.”
Coalition Home Affairs spokesman James Paterson said the situation was “deeply concerning”.
“On the Albanese Government's watch we have four non-citizens who have had their visas cancelled on character grounds or committed serious crimes without any electronic monitoring,” Mr Paterson said.
“One of them appears to have absconded.
“The serious risk this poses to the community is utterly unacceptable and continues Labor’s shambolic response to the High Court’s decision.”
Mr Outram said the four offenders not in ankle bracelets were at the “lower end of risk to the community” in terms of the “scale of offending” among the released cohort.
A total of 141 people have been released from immigration detention, but it is understood ministerial discretion has been used to determine three do not require ankle monitoring.
Immigration Minister Andrew Giles on Monday repeatedly refused to confirm what offences had been committed among the released cohort, but said there were people guilty of “very serious offences” including offences against children, sexual and violent crimes.
Mr Giles said he had provided the Opposition with a list of the offences as had been requested during Question Time two weeks ago, but the information given to Liberal deputy leader Sussan Ley did not actually detail the types of offences, only the broad categories of character test failures.
$255m BOOST TO HELP COPS MONITOR DETAINEES
Police and border agents monitoring convicted criminals released from immigration detention will get $255 million to bolster tracking efforts and prosecute any individuals who breach sweeping emergency laws.
At least 141 foreigners, including murderers, rapists and child sex offenders, have been set free in the community since the High Court ruled against their indefinite detention on November 8.
The federal funding package will be announced by the Albanese Government on Monday and includes a cash injection for the joint Australian Federal Police (AFP) and Australian Border Force (ABF) Operation AEGIS established by the Department of Home Affairs to respond to the court decision.
The ABF will be provided $150m for additional staff in compliance, investigations, removal and surveillance, while the AFP will receive $88m for regional response teams and personnel to investigate breaches of visa conditions.
A further $17m will be directed to the Commonwealth Director of Public Prosecutions to increase its capacity to bring cases against any released detainees who breach their visa conditions.
Home Affairs Minister Clare O’Neil said agencies would be able to dedicate the time and resources required to manage the cohort in the future.
“We have only one priority and that is protecting the safety of the community within the limits of the law,” she said.
“We will continue to work with law enforcement and immigration agencies to make sure they have the resources they need.”
After the High Court ruling Labor passed emergency laws mandating the released detainees wear ankle bracelets and comply with a curfew in addition to other visa conditions specific to individuals, such as frequent reporting requirements.
Attorney-General Mark Dreyfus said the AFP and prosecutors worked “tirelessly” every day to enforce laws and keep the community safe.
“The Albanese Government is committed to ensuring that, as part of Operation AEGIS, the
AFP has the resources it needs to work with ABF and state and territory police forces to enforce the new laws enacted by the parliament,” he said.
On the weekend it was revealed 58-year-old former bikie Sam Ibrahim had been released from immigration detention in Western Australia as a result of the High Court decision.
Ibrahim, who’s younger brother is Sydney’s King Cross boss John, had been in legal limbo since 2015 when then-immigration minister Peter Dutton cancelled his permanent residency visa and said he planned to sue the government for detaining him these past three years.
Coalition Immigration spokesman Dan Tehan said on Sunday the victims of all criminals released following the High Court ruling were feeling “anxious” and are likely “concerned about the standard of monitoring” of the individuals in the community.
“The Immigration Minister Andrew Giles needs to be clear about how many bikie gang members have been released from detention and how he is ensuring the safety of their victims,” he said.
“The Albanese Government refuses to be transparent with the Australian people about how many criminals are being released (and) the crimes that they committed.”
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