The federal government is moving urgently to reintroduce ankle monitors and curfews for people released from immigration detention in the High Court’s “NZYQ” decision, after a further ruling today that those conditions are unlawful.
Home Affairs Minister Tony Burke says regulations are being finalised to allow for an “adjusted process” to impose monitoring devices and curfews, which he will sign off on today.
The government will also introduce new legislation tomorrow to support those regulations, which he said would also strengthen the government’s power to deport people who had their visas cancelled.
More than 200 people who were in immigration detention have been released since the High Court ruled last year that the ongoing custody of one detainee, dubbed NZYQ, was unlawful.
An update from the Home Affairs Department confirmed that among the cohort of 224 were at least 12 people convicted of murder or attempt murder, 66 of sexual offending, 97 of assault, 15 of domestic violence and just five with a “low or no level” of offending.
One hundred and fifty were subject to electronic monitoring and 130 were required to adhere to a curfew after laws enabling those strict conditions were rushed through parliament with bipartisan agreement.
Since their release, 65 have been charged with new offences, mostly for breaches of their conditions.
But the High Court ruled this morning that those conditions were punishments that only a court could impose.
In response, the Coalition demanded that the federal government act today to reverse what it called “an embarrassing loss”.
“The government repeatedly assured us that the amendments they drafted were constitutionally sound, and as recently as Monday in Senate estimates promised they had comprehensive contingency plans in place if they were unsuccessful in this case,” a Coalition statement read.
“[Home Affairs Minister] Tony Burke must immediately reveal what urgent action the government will take in response to this loss to protect Australians from the dangerous criminal non-citizens it has released into the community since the NZYQ decision last year.”
In a statement Mr Burke said the government was taking immediate steps and, as well as bringing in new laws, had boosted police resources for the cohort.
“We argued strongly in the High Court to keep electronic monitoring and curfews in place,” Mr Burke said.
“The court’s decision is not the one the government wanted — but it is one the government has prepared for.
“The security and safety of the Australian community will always be the absolute priority for this government.”
Earlier, Shadow Immigration Minister Dan Tehan said the key question for the government was how it would ensure community safety.
“The Australian government needs to be able to answer a simple question that the Australian people now want to know, and that is: How is the government going to keep the Australian community safe?” he asked.