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Former detainee released by High Court arrested after allegedly failing to meet curfew obligations

A man released from immigration detention following the landmark High Court ruling has appeared in court.

High Court to release reasons for ruling on indefinite detention

A refugee freed after the government’s indefinite detention policy was ruled illegal has been remanded in custody following his arrest.

Abdelmoez Mohamed Elawad faced the Melbourne Magistrates’ Court flanked by two security guards shortly before 1pm on Thursday afternoon.

Wearing a plain white T-shirt, his eyes darted around the courtroom before fixing on Magistrate Tara Hartnett.

On Wednesday, the Australian Federal Police said the 45-year-old Sudanese-born man was arrested earlier that day after being located at a Melbourne hotel.

He was charged with one count of theft and one count of failing to comply with his curfew.

Mr Elawad is accused of breaching his curfew and stealing luggage from Melbourne Airport. Picture NCA NewsWire / Aaron Francis
Mr Elawad is accused of breaching his curfew and stealing luggage from Melbourne Airport. Picture NCA NewsWire / Aaron Francis

Mr Elawad was assisted by an interpreter as the court was told no application for bail would be made, while his lawyer detailed the numerous health conditions his client suffered from.

The court was told he suffers from schizophrenia and had received treatment for the illness while in detention, but had not received any care following his release.

Ms Hartnett noted in the court file he should be assessed by custody officials.

Mr Elawad was the fourth person to have been arrested and charged with a crime after he was released from indefinite detention in a landmark High Court ruling on November 8.

A total of 148 non-citizens had been held because they failed the character test for a visa, but have now been released into the community.

The High Court of Australia ruled Australia’s indefinite detention legislation was illegal. Photo: NCA Newswire/Gary Ramage
The High Court of Australia ruled Australia’s indefinite detention legislation was illegal. Photo: NCA Newswire/Gary Ramage

Many were later placed on conditions including curfews and electronic monitoring after emergency legislation was introduced by the government.

Police will allege Mr Elawad breached a condition of the visa he was placed on after his release by failing to follow his residential curfew.

It’s also alleged he went to Melbourne airport and stole luggage from a sleeping traveller.

Mr Elawad was remanded into custody and will return to court on January 10.

Read related topics:Immigration

Original URL: https://www.news.com.au/national/courts-law/former-detainee-released-by-high-court-arrested-after-allegedly-failing-to-meet-curfew-obligations/news-story/7c63f04fb2d964c573aeabb8e4bc5a65