Australia Implements Stricter Migrant Detention Laws

Australia : Australia has enacted emergency legislation to address the release of 84 migrants, many with convictions for serious crimes such as murder and rape. The decision comes following a High Court ruling in Australia that deems the indefinite detention of migrants as unconstitutional, overturning a 2004 precedent allowing stateless individuals to be held without a set timeframe.

Australia – Migrant Detention Laws :

The legislation, introduced by Immigration Minister of Australia, Andrew Giles, empowers the government to order certain migrants to wear electronic tracking bracelets and adhere to curfews. Failure to comply may result in a criminal offence punishable by up to five years in prison.

“These measures are consistent with the legitimate objective of community safety and the rights and interests of the public, especially vulnerable members of the public,” stated Mr. Giles during the parliamentary session. However, human rights lawyers in Australia argue that these measures could be challenged as punitive and excessive, emphasizing the need for scrutiny.

David Manne, a lawyer representing some of the released migrants, expressed concerns: “Any new conditions must meet some basic tests. They must be necessary, reasonable, proportionate, and not punitive or deprive people unnecessarily of their liberty.”

Despite government assurances that released migrants are under strict visa conditions, including daily reporting to the police, some were initially freed without visas, highlighting the urgency to comply with the court verdict.

The legislation was swiftly pushed through the House of Representatives on the morning of November 16 and will now face consideration by the Senate. Opposition leader Peter Dutton criticized the proposals as inadequate for ensuring community safety, citing the high likelihood of reoffending among the released individuals.

While the opposition senators are expected to propose amendments, the minor Greens party outright opposes what they label as “anti-refugee laws.” Sen. Nick McKim, the Greens’ immigration spokesperson, called the laws draconian, expressing their refusal to support them.

Minister Giles hinted at the possibility of further legislation once the High Court’s judges publish the reasoning behind their decision. The released migrants, primarily Afghans and Iranians, faced indefinite detention due to cancelled or refused visas, with their deportation prospects hindered by geopolitical factors.

The test case that triggered these developments involved a member of Myanmar’s persecuted Rohingya Muslim minority, identified as NZYQ. Convicted of raping a 10-year-old boy in Sydney, NZYQ was sentenced to five years in prison and subsequently put in indefinite detention after serving his sentence.

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