August 27, 2024
Twenty-eight former immigration detainees have been charged by Australian Federal Police with breaching bail conditions since the Labor government placed them on bridging visas, including 13 "alarming" offences for failing to stay away from schools and other education facilities.
Data released to The Australian reveals that, as of Monday, the AFP issued 90 commonwealth offences since the reissuing of new visas on March 12 under Operation Aegis.
The AFP has confirmed these charges do not include statebased breaches of visa conditions, which account for a higher number of offences.
The offence breakdown includes 19 charges of breaching monitoring conditions, 57 charges of failing to remain at a particular address, 13 charges of failing to stay away from schools and educational facilities, and one offence of contacting a victim or witness.
Following the NZYQ High Court ruling in November last year, the Albanese government committed $255m for security agencies to monitor the release of detainees previously held in indefinite detention through the establishment of Operation Aegis a joint mission between the AFP and the Australian Border Force.
The ABF received $150m for additional staff in "compliance, removal and surveillance functions", while the AFP received $88m for personnel to investigate breaches of visa conditions.
In response to the High Court's decision, the federal parliament passed the rushed Migration and Other Legislation Act in December, which introduced a new "community safety order regime" applicable only to people released from indefinite detention. Home Affairs and Immigration Minister Tony Burke would be able to apply to a court for a three-year detention or supervision order if a former detainee posed an unacceptable risk to the community.
The Coalition renewed demands for Mr Burke to practice using the government's emergency preventive-detention powers after "alarming" revelations of former detainees being charged for being near an education facility, which includes schools, kindergarten and universities.
The powers under the preventive-detention legislation passed seven months before Anthony Albanese's reshuffle have not been used to date.
"These figures show Labor's detainee crime spree is getting worse and worse," Senator James Paterson told The Australian.
"Particularly alarming are the number of offences relating to breaching school exclusion zones. And yet despite this, the Albanese government has still not used the emergency preventive-detention powers rushed through parliament before Christmas." The Department of Home Affairs was approached for comment but declined to answer.
