Government to Increase Scrutiny of Immigrant Offenders deemed Dangerous
Four of the almost 150 individuals released from detention have been arrested within days on charges ranging from breaching curfew to indecent assault.
In the final week of parliament, the Albanese government successfully passed two new laws to address the aftermath of a recent High Court decision. The ruling required offenders held in indefinite immigration detention to be released, resulting in more than 140 detainees being let out into the community.
The full bench of the court made the ruling on Nov. 8, stating that asylum seekers who are either stateless or cannot be returned to their country of origin due to persecution cannot be detained on an indefinite basis.
The government, unable to simply amend the Migration Act, drafted new laws. Instead, judges will gain the power to cancel the citizenship of serious offenders and to preventively detain those released by the High Court ruling for a maximum period of three years, to be reviewed annually.
In addition, the Australian citizenship of dual nationals can be removed at sentencing for offences including terrorism, espionage, and foreign interference. The laws had already passed the Senate and the House of Representatives.
Immigration Minister Andrew Giles stated that the detention measures were necessary, despite the existence of three murderers and several sex offenders among the detainees released since the High Court decision.
The heads of the Australian Border Force and the Australian Federal Police briefed the prime minister and premiers on Operation Aegis, a joint operation to ensure community safety following the detainees’ release. Neither Giles nor Home Affairs Minister Clare O’Neil would confirm the number of people covered by the new laws or the number of applications being prepared, citing the risk of prejudicing cases. The detainees’ offences were kept secret, as the safety of the Australian community is paramount to the government.
Despite criticism from both sides, the new legislation is expected to withstand a High Court challenge. The laws have drawn criticism from the Green Party, crossbench MPs, and refugee and asylum seeker advocates, who warn it will see migrants and refugees imprisoned based on potential future actions.
AAP contributed to this report.
