Emergency regulations have reinstated ankle checks and curfew restrictions for detained immigrants despite a surprising High Court ruling that declared the practice unconstitutional.
On Thursday, Home Secretary Tony Burke confirmed that Governor-General Sam Mostyn had approved regulations that will immediately reinstate the provisions.
While he introduced the new laws on Thursday, the regulations will act as a stop before the laws are passed.
The new rules will also introduce a new “community protection test” that will allow the minister to re-implement the use of ankle monitors and curfews if there is a “substantial risk of seriously harming any part of the Australian community by committing a crime.” serious”. ‘.
The minister “must also be satisfied” that the conditions are “reasonably necessary and reasonably appropriate and adapted for the purpose of protecting any part of the Australian community from serious harm”, Mr Burke said.
‘Yesterday’s High Court decision is not what the government wanted, but it is one we were prepared for. “That is why the government is in a position to take immediate measures to protect the safety of the community,” he said.
“These visa conditions are designed to protect the community, not as a punitive measure.”
The new headache for the Albanian government comes after a High Court ruling on Wednesday that said it did not have the authority to impose harsh restrictions, including ankle monitors, on former detainees, saying the measures were “punitive and cannot justify itself.”
Home Secretary Tony Burke said Labor was prepared for the High Court decision.
The decision followed the NZYQ tribunal’s October 2023 decision, which led to the release of 215 detained migrants before parliament passed laws to equip 143 members with electronic monitoring bracelets.
Curfews were also imposed on 126 detainees to limit their movements.
The Coalition seized on Wednesday’s ruling, issuing a “please explain” from leading opposition figures, including immigration spokesperson Dan Tehan.
“The effect of this decision will be that 215 dangerous non-citizen criminals, including 12 murderers, 66 sex offenders, 97 people convicted of assault, 15 domestic violence perpetrators and others, will be free in the community without any control or curfew” said a joint statement.
‘Sixty-five of these former detainees have been charged with new offenses at state and territory level since their release, 45 of whom remain free in the community.
“This loss compounds the Albanian government’s failure to use pre-trial detention powers that parliament passed almost 12 months ago to re-arrest high-risk criminals.”
