Fourth detainee facing criminal charges following bombshell High Court ruling

Following the bombshell High Court ruling which resulted in the release of 148 asylum seekers from immigration detention, another former detainee has been arrested and charged.

A fourth former detainee released from immigration detention following a bombshell High Court ruling has been arrested and charged with committing an offence.

The Australian Federal Police confirmed on Wednesday a man had been arrested at a Melbourne Hotel.

NCA NewsWire understands the man is one of the asylum seekers released after the bombshell ruling.

It is alleged the man breached visa conditions earlier this month by failing to adhere to residential curfew obligations.

It is also alleged the man stole luggage at Melbourne Airport from a traveller who was asleep.

The man is expected to appear at the Melbourne Magistrates Court on Wednesday.

It is alleged the man stole luggage from a sleeping traveller at Melbourne airport. Picture NCA NewsWire / Aaron Francis

In early November, the High Court ruled indefinite immigration detention was unlawful, forcing the release of 148 asylum seekers, some who have committed serious offences.

Some of those asylum seekers had been held in detention on the grounds they had failed the character test to receive a visa but were unable to be deported.

Four of the detainees who have been released have now been arrested and charged by police with offences including breaching the conditions imposed on a registered sex offender, indecent assault and the possession of illicit drugs.

It is anticipated that on Wednesday evening, new laws that will establish a preventative detention regime.
The tough laws would enable the courts to put a high risk person who has been convicted in a foreign or Australian court of a “serious violent or sexual offence” in prison for up to three years.

The order must be reviewed every 12 months but the minister can apply every three years for the order to be extended.

Or the courts could order a community safety supervision order instead – imposing restrictions on a person – if it is not satisfied detention is needed.

In questions from reporters earlier on Wednesday, the government refused to answer how many former detainees captured in the NZYQ affected cohort would fall under the proposed regime.