‘Do they even exist?’: Minister’s drone surveillance claim questioned

Questions are circling about the Immigration Minister’s claims former detainees are being surveilled by drones.

The federal opposition is turning the screws on Immigration Minister Andrew Giles over deportation rules, with fresh questions raised over a claim he made regarding former-detainees being monitored by drones.

The Immigration Minister has been in a political quagmire over the resettling of detainees after the High Court of Australia deemed indefinite detention is unlawful.

The resettling of those people, some with criminal convictions, has been an area of sharp political back-and-forth in recent months.

Shadow Immigration Minister Dan Tehan and Immigration Minister Andrew Giles, sitting next to each other during a vote, have had a series of heated exchanges in parliament over detainees released this year. Picture: NewsWire / Martin Ollman

“Well another day and more questions for Andrew Giles to answer,” shadow Immigration and Citizenship Minister Dan Tehan said on Saturday.

“He has to answer when will the new ministerial direction come into force.”

The independent Administrative Appeals Tribunal rules on deportation decisions, and is tied to a ministerial ruling, called Direction 99.

Direction 99 was signed by Mr Giles in January 2023, and says Australia “will generally afford a higher level of tolerance” for non-citizens who have lived in the country for a long period of time.

Since 1992, Australia had a system of mandatory detention ruling that any non-citizen in Australia without a valid visa had to be detained. Picture: NewsWire / Luis Enrique Ascui

“We now know that over 400 (deportation) cases, it seems, have been overturned as result of Ministerial Direction 99,” Mr Tehan said.

In response, Mr Giles said the new direction would come into force as soon as possible.

“I’ve given really clear directions to the secretary and the senior legal counsel about exactly what I want to see, remembering that we’ve got to get it right, we’ve got to get it in place quickly,” Mr Giles said.

Pressure on Mr Giles began when it was revealed criminals, including a man charged with stabbing a 22-year-old and another man convicted of raping a 13-year-old girl, had their visa cancellations overturned by the AAT.

Earlier this week Mr Giles said he was working “day and night” to reissue a new directive that would make it easier to deport people who pose a threat to public safety.

But Mr Tehan’s ‘second question’ is calling into doubt a claim Mr Giles made this week, that released detainees were being monitored by drones.

Andrew Giles’ drone claims have been called into question. Picture: Getty

“The second question he needs to answer today is: What is happening with these drones?,” Mr Tehan told media on Saturday.

“Who are these drones looking out for, are these drones in fact in existence, or is this something else which he has said which there’s seems to be no proof or no indication of,” Mr Tehan said.

“Yesterday it became quite clear the AFP (Australian Federal Police) had no idea as to whether drones were being used or how they were being used. So where are these drones?”

Andrew Mr Giles has vowed to remain in his portfolio despite increased political pressure from the federal opposition to resign. Picture: NewsWire / Martin Ollman

Mr Tehan asked if drones were not surveying the released detainees, how were they being monitored.

“Because we know not all the murderers, not all the sex offenders, not all the child sex offenders are wearing ankle bracelets and subject to curfews,” Mr Tehan stated.

“Yet the minister told the parliament that ‘we are watching all of them’. And then he said ‘we’re watching them with drones’.”

Mr Giles’ office directed questions about the drones to Border Force, which is overseen by Home Affairs.

A Home Affairs spokesperson said the department “may use aerial imagery” in relation the released detainees.

“[Australian Border Force and Federal Police] may use aerial imagery from a variety of sources for operational planning purposes, for example to confirm the location of a [Bridging Visa] holder’s accommodation.

“This imagery can also assist identify facilities in proximity of the accommodation that may be relevant to an individual’s visa conditions.”

A High Court decision last year found a stateless man, known as NZYQ, had been unlawfully held in immigration detention by the government. Picture: NewsWire / Martin Ollman

Earlier this week, Mr Giles said he would review up to 30 cases of non-citizens who have failed character tests after an independent tribunal reinstated the visas of convicted sex offenders, kidnappers and drug smugglers under his ministerial direction.

“I’m relentlessly focused on that job. There is so much to be done. It was a shocking mess of an immigration system that we inherited, fixing it is my job,” Mr Giles said on Thursday.

On Saturday Mr Giles’ office directed questions to Australian Border Force.