Australia : The high court declared immigration detention unlawful for individuals with “no real prospect of removal from Australia becoming practicable in the reasonably foreseeable future.” Since this landmark ruling, 80 people, including the infamous Malaysian hitman Sirul Azhar Umar, have been released, raising concerns and prompting government reassurances.
Australia – Highcourt
Immigration Minister Andrew Giles moved to allay community worries, asserting that all 80 released individuals are on appropriate visa conditions, including regular reporting. However, with Home Affairs Minister Clare O’Neil hinting at undisclosed safety measures under consideration, the public awaits clarity on potential regulatory changes.
Giles, speaking on Radio National, disclosed that approximately 90 more individuals could find themselves in a similar position due to the court’s decision. The lack of detailed reasons from the court, he emphasized, complicates determining the full ramifications of the ruling.
The government, in response to the court’s decision, is evaluating “immediate legislative options” and “regulatory options.” While Giles alluded to these potential changes, the absence of court reasons leaves the specifics in limbo.
During question time, Giles revealed a joint operation involving state and federal police, emphasizing their close collaboration since before the court decision. However, Shadow Minister of Australia, James Paterson expressed scepticism about the government’s commitment to protecting Australians, criticizing the lack of consultation on interim measures.
Advocates for refugees and asylum seekers urge the government to outline measures beyond visa conditions and expedite plans for detention alternatives. David Manne, Executive Director of Refugee Legal, calls for transparency, urging the government to explain the release details and consider fundamental reforms.
In November 2022, Guardian Australia revealed the Home Affairs Department’s exploration of electronic monitoring to address the caseload of people in immigration detention. Paterson expressed openness to such measures, emphasizing the need to instil community confidence.
The government navigates this new era in immigration detention and calls for an independent panel to review detention regularly. Manne advocates for a system aligned with international law, where detention is a last resort.
Paterson proposes community management measures, such as extended supervision orders or control orders, emphasizing the need for careful consideration in high-risk cases. However, Sanmati Verma, Acting Legal Director of the Human Rights Law Centre, warns against extrajudicial processes, urging adherence to constitutional principles.