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Second WA detainee back before the courts after release under controversial High Court ruling

By Rebecca Peppiatt, Heather McNeill and Hamish Hastie

Another former Perth immigration detainee released after a High Court ruling last year is back before the courts this week for allegedly breaching curfew for nearly a week and then turning off his ankle bracelet.

Kimbengere Gosoge, 42, was arrested on Wednesday and appeared before Midland Magistrates Court on Thursday where he didn’t apply for bail.

Yongah Hill Detention Centre.

Yongah Hill Detention Centre.Credit: 9News Perth

Gosoge is alleged to have breached the conditions of his visa five times between April 26 and May 1 by failing to observe his residential curfew obligations and is alleged to have failed to keep his monitoring device in working order.

He will be remanded in custody to reappear at Perth Magistrates Court on May 16.

The discovery of his case comes amid ongoing controversy over the release of another former detainee who allegedly went on to be one of three people charged over the violent robbery of an elderly Girrawheen couple last month.

Majid Doukoshkan was released from detention in November with strict conditions attached to his bridging visa, including a requirement to report to Australian Border Force officers daily, abide by a curfew, and wear an ankle monitoring bracelet.

Ninette Simons was savagely assaulted in her home.

Ninette Simons was savagely assaulted in her home.Credit: Police Media

Following two alleged breaches of his curfew, Doukoshkan was charged in February. The Commonwealth did not oppose bail, despite raising concerns he would reoffend.

“The Commonwealth is being very generous today, because quite frankly if they didn’t consent to the release of you on bail, I wouldn’t be bailing you,” the magistrate said at the time.

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Weeks later, the charges, which carried a mandatory one-year prison term, were dropped due to a legal loophole linked to the type of visa Doukoshkan had been placed on.

A spokesman from the WA police minister’s office on Wednesday said they knew who the released detainees were, where they were living, and what their reporting and monitoring arrangements were.

He said 20 detainees were currently in WA, 10 had ankle bracelets, and three were reportable offenders.

“Responsibility for the monitoring of federal detainees released following a decision by the High Court rests with the Commonwealth and responsible agencies Australian Border Force and Australian Federal Police,” he said.

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Original URL: https://www.smh.com.au/link/follow-20170101-p5fogt