Dangerous non-citizens released under Labor top 500 in first year

The Albanese government released more than 500 dangerous non-citizens from immigration detention in its first year in power.

The High Court in Canberra. Picture: AAP

The Albanese government released more than 500 dangerous non-citizens from immigration detention in its first year in power, new figures reveal, as it braces for an upcoming High Court fight that could see more foreign criminals released. 

An analysis of new data shows 520 non-citizens, who were ­denied a visa because they had criminal convictions or failed other character requirements, were released into the community in the year leading up to June last year, compared to about 178 under the last year of the ­Coalition government.

Immigration Minister Andrew Giles was forced to release 183 non-citizens from immigration detention after the Federal Court ruled in December 2022, that a prison sentence of 12 months or more for multiple ­offences – called an aggregate sentence – did not trigger an automatic visa cancellation.

The landmark court decision, known as the Pearson case, prompted Labor to ram changes to the Migration Act through the parliament to clarify that aggregate sentences of more than 12 months would breach the character test, leading to those who were released having their visas cancelled.

The new figures, released after a question on notice lodged in the Senate, shows that 171 non-citizens who failed the character test were released the month the Pearson decision was handed down.

The revelations come as the Albanese government grapples with the ramifications of the separate landmark High Court ruling, known as NZYQ, which triggered the release of more than 150 non-citizens, many with criminal records.

Amid speculation that Mr Giles and Home Affairs Minister Minister Clare O’Neil could be removed from the portfolios in an upcoming reshuffle following months of ­immigration debacles, opposition home affairs spokesman James Paterson renewed calls for the embattled ministers to be axed.

“From the moment Clare O’Neil and Andrew Giles settled into their ministerial suites, at least 520 dangerous foreign criminals would be released into the community in the government’s first 12 months in office,” he said.

“Labor’s soft touch on community safety has left Australians dangerously exposed. It is past time for Anthony Albanese to ­finally sack the hapless Minister for Home Affairs and the hopeless Immigration Minister and clean up this mess.”

Immigration Minister Andrew Giles and Home Affairs Minister Clare O’Neil Picture: NewsWire/Martin Ollman.

While Labor sources sought to downplay the data, cautioning that it included duplications, a spokeswoman for Mr Giles said the government’s “top priority is and will always be community safety”.

“That is why we have introduced a suite of new powers since coming to office, and it is why the government will continue to cancel the visas of any individuals who pose a risk to the community,” she said.

New Zealander Kate Pearson’s visa was cancelled after she was sentenced to more than four years’ jail for 10 offences, and the decision was upheld by the ­Administrative Appeals Tribunal. She was released from immigration detention after she won an appeal in the Federal Court on December 22, 2022. After Labor passed the changes to the ­Migration Act, Pearson was ­returned to immigration ­detention last September, and a High Court hearing is scheduled for October.

The legislation allowed the government to cancel the visas of the 183 non-citizens who were ­released following the Federal Court decision by applying the changes retrospectively. Only 23 of those released after Pearson remain in the community.