25 Immigration Detainees Face Charges After Release, Emergency Powers Are Not Implemented
The rush to pass emergency laws in December did not result in any community safety or supervision orders being applied for as of Jan. 31, 2023.
However, when a High Court ruling on indefinite immigration detention triggered the release of 149 people in December 2023, the Albanese government scrambled to pass emergency legislation bringing in community safety or supervision orders. These orders would see freed detainees locked up again or subject to strict surveillance if they reoffended.
Even though 25 people have been charged since then, no applications for orders have been made. Instead, as of Jan. 31, 113 released detainees had ankle monitoring bracelets placed and were subject to curfews.
Regarding the offenses of the released detainees, seven had committed murder or attempted murder, 37 sexual-based offenses (including child sex offenses), 72 assault and violent offenses (including kidnapping and armed robbery), 16 domestic violence and stalking offenses, and 13 serious drug offenses. Fewer than five were involved in people smuggling and fewer than five were involved in low-level or no criminal offenses.
As of Feb. 12, seven people have been re-arrested and charged for breaching visa conditions under the new laws, and a further 18 have been charged by state and territory police forces for other offenses.
No Prospect of Resettlement
Detainees who have offended since their release have not been put back into immigration detention due to a lack of prospect of them being resettled in another country, which would again put the government in breach of the High Court’s ruling.
So far, Bangladesh, Saudi Arabia, the United Kingdom, New Zealand, and Canada have all refused to take them. Discussions with the United States are continuing.
Immigration Minister Andrew Giles said community safety was paramount and the government had brought together highly respected law enforcement officers to provide advice on combating the threat.
“We also have now four layers of protection including stringent visa conditions, electronic monitoring, and curfew arrangements as well as preventative arrangements,” he told Parliament.
“We have been working around the clock to ensure the community is kept safe.”
The advisory board has met seven times since it was formed in December, most recently on Jan. 25.
Applications Take Long Time to Prepare
Home Affairs’ legal group manager Clare Sharpe told a parliamentary hearing that it took time to prepare an application under the new laws, due to the high evidence threshold and there being tens of thousands of documents involved for each person.
“It’s critical to a successful application to get that information right,” she said.
More than 20 staff and a team of lawyers from the Australian Government Solicitor’s office have worked on the applications, which were well advanced, according to the Secretary of Home Affairs Stephanie Foster.
To date, more than $13 million has been spent managing the released detainees following the High Court decision.
AAP contributed to this report
