Labor accused of ‘failure’ after alleged assault by immigration detainee

The Coalition has accused Home Affairs Minister Tony Burke of overseeing another ‘massive community safety failure’ after a former detainee was charged over an alleged assault.

Home Affairs and Immigration Minister Tony Burke. ‘The courts are setting the precedents right now on our laws to get these individuals out of the country.’ Picture: NCA NewsWire / Gary Ramage

The Coalition has accused Home Affairs and Immigration Minister Tony Burke of overseeing another “massive community safety failure” stemming from the release of dangerous non-citizens, after a former detainee was charged over an alleged assault. 

In an incident that has threatened to reignite a political furore over Labor’s handling of the ­migration system, a former detainee has been charged with intentionally causing serious injury after an alleged attack in Melbourne on Sunday left a man fighting for life.

Lominja Friday Yokoju was released on a category of bridging visa provided to detainees freed following the landmark NZYQ ruling, before he fronted court on Monday over the alleged assault at a shopping strip in inner-city Footscray that left a 62-year-old man with critical injuries.

The nation’s highest court ruled in November 2023 that indefinite detention was unconstitutional, triggering the release of about 150 non-citizens, including murderers, rapists and drug traffickers, into the community.

Opposition home affairs spokesman Andrew Hastie criticised Labor for failing to utilise legislation that was rushed through parliament allowing authorities to pre-emptively jail detainees ruled to pose a threat to the community.

“The government has not made a single application to keep these dangerous criminals off our streets,” he said.

“And now we have an innocent person (allegedly) gravely injured by someone who should have been deported by the Albanese government.

“This is another preventable tragedy.”

Opposition frontbencher Andrew Hastie. Picture: Richard Dobson / NewsWire

The criticism comes as another member of the NZYQ cohort fought Mr Burke’s bid to deport him to Nauru in the High Court on Monday, with the Iraqi kidnapper arguing that the government made several legal errors when it cancelled his protection visa.

Mr Burke defended his handling of the NZYQ cohort, referring to the deal he struck with the ­Pacific nation in February to take three detainees under a paid ­arrangement using new third country removal powers.

Another man in the trio lost his legal challenge against his deportation to Nauru in the Federal Court in May.

“The courts are setting the precedents right now on our laws to get these individuals out of the country,” Mr Burke said.

“The government’s principle is clear – if your visa is cancelled, you should leave immediately.

“If you commit additional crimes, expect to spend time in prison, and to go straight from jail to an airport for deportation.”

The barrister representing the Iraqi, Craig Lenehan, told the court a delegate for the Immigration Department had erred when cancelling the detainee’s visa in reasoning the minister would “separately consider” the type of visa he could be granted.

He said the only visa the plaintiff had available to him was a bridging visa (pending removal).

The case does not directly challenge the third country removal powers but instead argues that the Iraqi should have his protection visa returned so he cannot be ­deported.

Mr Lenehan also argued the delegate failed to consider Ministerial Direction 110 and had been provided privileged information.

The barrister representing the commonwealth, Patrick Knowles, said the privileged legal advice had been provided to the department inadvertently by the plaintiff himself, when he wrote to a gov­ernment contractor to ask for assistance by scanning his ­documents.

Mr Knowles said the delegate had responded correctly in refraining from making any judgment about the type of visa the Iraqi would be eligible for.