Andrew Giles’ drone claim shot down by police

Immigration Minister Andrew Giles’s claim that drones are being used to monitor former ­detainees has been thrown into doubt by federal police, in another problem for the embattled frontbencher.

Immigration Minister Andrew Giles. Picture: NewsWire / Martin Ollman

Immigration Minister Andrew Giles’s claim that drones are being used to monitor former ­detainees has been thrown into doubt by federal police, as it was revealed more than 180 criminals have kept their visas as a result of Labor’s catastrophic Direction 99.

The revelations in Senate estimates came as senior Labor sources said a reshuffle that would move Mr Giles on from his portfolio was unlikely in the near term because of Anthony Albanese’s “stubborn loyalty” to his fellow Left faction powerbroker.

However, sources raised concern that such loyalty could work against the Prime Minister if the government faced further debacles in the immigration portfolio.

It follows Mr Albanese leaving the door open to a reshuffle before the next election, declaring he would “inevitably” make changes.

As he battled to keep his job this week, Mr Giles declared on Thursday the government was spending up to $260m on the surveillance of individuals with violent crime convictions released from detention by the High Court late last year, including through the deployment of drones.

“Well they are being monitored … there is a quarter of a billion dollars that we’ve invested in supporting our law enforcement agen­cies,” Mr Giles told Sky News.

“That’s enabled things like using drones to keep track of these people. We know where they are.”

AFP Deputy Commissioner Ian McCartney on Friday said his agency was not using drones in this way, but that he would take on notice questions about the matter.

“We believe there hasn’t but as a matter of completeness we’ll take it on notice,” he said.

And amid revelations Mr Giles shelved a plan in 2022 to tighten visa rules that would have helped to ensure foreign-born domestic violence offenders were kicked out of Australia, the Administrative Appeals Tribunal revealed on Friday that of 367 decisions finalised this financial year, 184 of those were set aside. It followed 459 ­finalisations made last financial year, of which 212 were set aside.

But AAT registrar Michael Hawkins said it was his understanding that Immigration Minister Andrew Giles “would have (had) the capacity to effectively quash” any of those decisions.

He said members of the AAT were “hurting” after deciding to ­reinstate the visas of people who went on to harm members of the community, along with facing the criticism of the government.

“From my own experience, I can say that you own the decision because you had uppermost in your mind whether you were denying someone the opportunity to come into Australia who should genuinely be here, but their case wasn’t sufficient,” he said.

“You would be concerned that that person could be gunned down on their return to their own country. We do worry about it. And the members who have been referred to in the press about decisions they’ve made, which have been made in accordance with their oath, and with the practice and procedure of a member, they would be wearing it and they would be hurting.”

He added that he was expecting another 100 decisions in the next quarter, but “whether they apply (Direction 99) depends on the ­government’s attitude to its maintenance”.

Liberal senator Paul Scarr asked Mr Hawkins what would happen to pending decisions if Labor were to make major changes to Direction 99.

Mr Hawkins described this as an “implementation issue” and the question was taken on notice.

The Albanese government’s decision this week to revoke Direction 99 – put in place in January 2023 and requiring foreign criminals’ “ties” to Australia be considered before they are deported – sparked outrage from the New Zealand government.

NZ Prime Minister Christopher Luxon confirmed he had raised concerns with Mr Albanese during a phone call on Thursday.

“We understand Australia is a sovereign nation and it can make its own decisions, but we have great concern about that decision because we don’t think that people who have very little attachment to this country but with strong connections to Australia should be ­deported here,” he said.

Domestic violence awareness advocates also raised alarm with the fact that there had been more than 20 examples of convicted domestic violence offenders being spared deportation in the wake of Direction 99.

National Council of Single Mothers and their Children chief executive Terese Edwards said anything that could “give distance” between abusers and victims was a good thing. “That distance can really help,” she said.

The fallout from Direction 99 follows the NZYQ High Court ruling that led to 153 non-citizens being released into the community, which included people convicted of violent crimes.

AFP officials confirmed this week that at least two murderers and 26 sex ­offenders released from immigration detention as part of the High Court ruling were not wearing ankle monitors. And at least nine fewer detainees were required to wear ankle bracelets or be subject to a curfew than was advised by law enforcement officials.