Labor under pressure to act before people convicted of serious crimes are released from detention
The government has been urged to act before the potential release of a further 250 detainees, including some guilty of “deplorable, disgusting” crimes, in addition to the 93 individuals already out of immigration detention.
NSW
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Labor is under pressure to use preventive detention measures to stop high risk offenders among a cohort of asylum seekers convicted of serious crimes being released from immigration detention by the High Court.
The potential release of a further 250 detainees, including some guilty of “deplorable, disgusting” crimes, in addition to the 93 individuals already in the community is contingent on the court’s full reasoning for its decision, which is yet to be published.
Coalition Home Affairs spokesman James Paterson said the federal government had several options to pre-emptively respond before more asylum seekers, who cannot be deported, were released, such as the measures imposed on convicted terrorists.
Mr Paterson said Labor should look to systems already in place when other high risk offenders complete their prison sentences.
“That includes things like preventive detention orders, continuing detention orders, extended supervision orders and control orders, and the government was not ready and (Labor) did not do that,” he said.
“We tried to suggest a range of options of dealing with this, including … the high risk terrorist offenders framework, which critically would allow the government to apply to a court, for a court to detain someone on the basis of the risk that they pose to the community.
“It’s a well accepted and well tested area of law that could be applied at the very least to the highest risk offenders in this cohort.”
Breaking from Opposition leader Peter Dutton, who last week told parliament the released detainees, should immediately be returned to detention, Mr Paterson said this was not the answer.
The government identified 340 individuals potentially impacted by the High Court ruling a Rohingya man who was previously convicted of child sexual abuse could not be indefinitely detained after completing his sentence.
The released asylum seekers were placed under strict visa conditions, such as regular reporting requirements, but Labor was forced to strengthen its response after failing to address community safety concerns raised by the Coalition.
As a result the 93 detainees released to date must wear an electronic tracking bracelet and face jail time for failing to meet their visa rules.
Home Affairs Minister Clare O’Neil said it was “very unlikely” the High Court’s ruling would apply to all 340 individuals, but the government has to consider that it may be ordered to release more.
Ms O’Neil said “if it were up to me, all these people would still be in detention”.
“Some of these people have done deplorable, disgusting things, and I do not want these people in our country,” she told Sky News. In response to Mr Dutton’s demands that Labor legislate to “re-detain” those released under the High Court’s decision, Ms O’Neil said it was “abundantly clear” that was not possible”.
“My job is to make sure that I follow the law,” she said.
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Originally published as Labor under pressure to act before people convicted of serious crimes are released from detention
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