Concerns raised as High Court frees 93 detainees, strict conditions imposed

Electronic monitoring, strict curfews and restrictions on how close detainees can get to a school are all conditions the 93 asylum seekers must follow.

Minister for Immigration, Citizenship and Multicultural Affairs Andrew Giles. Picture: Ruby Littler

Electronic monitoring and a curfew will be mandatory for the 93 asylum seekers released from indefinite detention.

The requirement comes in response to the historic High Court ruling on November 8 which found the indefinite detainment of asylum seekers to be unlawful.

Immigration Minister Andrew Giles on Saturday said “a large number of those people are convicted of serious offences” and “community safety is my number one concern”.

“Last week the High Court handed down a very significant decision. The decision overturned two decades of legal precedent.

“On Thursday the government passed a new law with urgent legislation designed to keep the community safe.”

The new law imposes “strict conditions” on the former detainees, and if they breach the requirements, they will face time in jail.

93 detainees will walk free from prisons around the country on Saturday.

Mr Giles said the former detainesss would have to report details on the people they live with, where they planned to travel and the clubs and organisations they were members of.

They will also be required to provide details of bank accounts they use and other financial information.

The monitoring regime will also require former detainees to report any contact they have with individuals involved, or alleged to be involved, in criminal activity.

The requirements are akin to conditions imposed on prisoners granted parole, or alleged offenders on strict bail.

Mr Giles said the conditions would be monitored through “the use of electronic monitoring devices on individuals” and “a curfew on individuals”.

The measures are set to be imposed on all former detainees regardless of whether they have criminal records.

Electronic monitoring, such as ankle bracelets, could be used to track the detainees.

Members of the released cohort will be required to abide by the rules for as long as they remain in the country, Mr Giles said.

Some of the former detainees have served prison sentences after committing serious offences but were then detained under migration laws after the government or Immigration Minister cancelled their visas.

They were stuck in legal limbo, because they were unable to be deported.

The High Court ruling found their indefinite detention to be unconstitutional, because it breached the separation of powers doctrine.

The High Court — which is yet to publish the reasons for its decision — found that the indefinite detention regime was akin to the government arbitrarily jailing people.

In Australia, only the court system can order people to be jailed.

Those who breach their conditions will be sent back to the clink.

Mr Giles said any former detainees convicted of crimes relating to children were banned from working with children or other vulnerable people and were also banned from being within 200 metres of a school, child care centre or day care centre.

“A breach is now a criminal offence. These breaches have a mandatory minimum sentence of one year and a maximum penalty of five years in prison,” Mr Giles said.

“From the moment the High Court handed down its decision the government has been acting to keep the community safe.

“The full implications of this decision will not be clear until the High Court hands down the reasons for its decision.”

Mr Giles isn’t ruling out future legislation surrounding the issue, making it clear that community safety is the key priority.