November 14, 2023
Three murders and “several” sex offenders are among the 80 asylum seekers released into the community following a High Court ruling against their indefinite detention, Labor has confirmed.
Immigration Minister Andrew Giles said he could not comment on individual cases, but confirmed to parliament there were multiple murderers and sex offenders among the group, confirming he would provide the Opposition with a list outlining the categories of offences committed by the released individuals.
“I believe there are three murderers (and) several sex offenders,” he said.
One of the people released following the court ruling last Wednesday was Sirul Azhar Umar, a Malaysian bodyguard who was convicted of murdering a pregnant woman in a politically fueled attack in 2006.
Another person released was Afghan man Aliyawar Yawari, who was convicted of assault after being accused of attacking three women.
Australia is not able to deport any of the individuals as they are either stateless or have been confirmed as facing persecution or death if they are returned to their home countries.
Mr Giles said the seriousness of the offences was one of the reasons the government had opposed the asylum seekers’ release but the High Court had ultimately not ruled in the Commonwealth’s favour.
He said the government’s focus remained the safety of the community.
Labor has imposed “daily reporting requirements” on the asylum seekers released from immigration detention who have the “most serious criminal history,” while any individuals convicted of crimes that would ordinarily come with community restrictions — such as being put on a state’s child sex offender register — have also had these measures enforced.
It comes after Opposition Leader Peter Dutton warned that some of the “worst criminals you could imagine” are now walking the streets, as an urgent joint operation between federal and state police has been launched to share information about dozens of convicted asylum seekers suddenly
released from immigration detention after a High Court ruling.
Mr Dutton also accused Immigration Minister Andrew Giles and the Prime Minister of not being prepared for the adverse decision.
“Those bills pop up all the time to address quirky outcomes that courts provide for … decisions that we can’t really agree with or understand but you can patch up with a change to the law,” Mr Dutton told 2GB’s Ben Fordham on Tuesday.
“But that’s not what’s happened here, and the minister hasn’t explored the options available to him by legislation, and his problem potentially can be addressed by a change in the act but the Prime Minister hasn’t inserted himself into the issue (and) the minister has not sought that advice.
“And you’ve got these people getting out onto the streets, but these are the worst of criminals you could imagine and they shouldn’t be roaming the streets, so in a way we’ll see more victims falling prey to their evil minds.
“They’re not Australian citizens, they’ve committed crimes against Australian citizens or they’ve been found to be of bad character.”
Labor has not disclosed where the individuals are, what crimes they were convicted or accused of.
The Coalition has also accused the Albanese Government of being “asleep at the wheel” following the release of 80 individuals, including “hardened, violent criminals,” arguing Labor should have been more prepared for an adverse court decision with interim measures to control the asylum seekers in the community.
But it can be revealed the Australian Federal Police and Border Force have begun rapidly handing state and territory law enforcement details of the individuals granted visas to enter the community, none of whom have been deemed a risk to national security.
Regular reporting requirements, restrictions on employment, compulsory notification of social media accounts, phone numbers and addresses are among the conditions imposed on the asylum seekers.
Coalition immigration spokesman Dan Tehan said Labor needed to explain how these requirements could be enforced, and why it was not prepared with legislation to deal with the adverse court ruling.
“Anthony Albanese promised to run a transparent government and now is the time to keep that promise because Australians are rightly concerned about the hardened, violent criminals that have been released from immigration detention into the community,” he said.
“Labor are again asleep at the wheel when it comes to immigration.”
The 80 asylum seekers were released after the High Court on Wednesday ruled a stateless Rohingya man who was previously jailed for child sex offences, had been unlawfully detained.
Solicitor-General Stephen Donaghue KC last week told the court the Home Affairs Department had identified a group of 92 people likely to be impacted by a decision in favour of the Rohingya man, known as NZYQ.
According to a document tendered by Mr Donaghue, of the 92 cases expected to be impacted by the ruling there were 27 people held at Yongah Hill in Western Australia, 25 in Villawood in Sydney and 13 in immigration detention centres in Melbourne.
The “last known home state of detainees impacted by this decision” were 40 in NSW, 24 in Victoria, 11 in Queensland, nine in Western Australia, six in South Australia and two in the ACT.
Lawyer Alison Battisson, from Human Rights For All, said 14 of her clients had already been released across the country.
“The normal checks and balances of the criminal justice process, bail, parole, reporting, offenders registers etc, apply to this cohort,” she said.
“One, for example, is on bail. So he will be with the normal checking in for bail requirements.
“Everyone else is on strict reporting conditions … in addition to the criminal justice process, so they have to report to the Department of Home Affairs.
“We have no one on a serious offenders register.”
Labor is under pressure to come up with interim measures to control asylum seekers previously convicted of serious crimes who have been released into the community following a High Court ruling against their indefinite detention.
The federal government has confirmed 80 people have been immediately released after the court, on Wednesday ruled a stateless Rohingya man who was previously jailed for child sex offences, had been unlawfully detained.
Solicitor-General Stephen Donaghue KC last week told the court the Home Affairs Department had identified a group of 92 people likely to be impacted by a ruling in favour of the Rohingya man, known as NZYQ.
This cohort have been held in detention for a range of reasons related to failing the character provisions in the Migration Act, with several confirmed to have been convicted for violent and sexual crimes.
Of the 92, there are 78 who have citizenship in another country but cannot be taken there because Australia has accepted they face persecution there and are genuine asylum seekers.
Five of this cohort are confirmed “stateless,” meaning they have no other citizenship and the remaining nine are in “intractable” situations.
In the case of a Malaysian hitman, Sirul Azah Umar, sentenced over the politically motivated murder of a pregnant woman released following the High Court decision, he cannot be deported as Australia does not extradite people to countries where they face a death penalty.
According to a document tendered by Mr Donaghue and revealed by the Guardian Australia, of the 92 cases expected to be impacted by the ruling there were 27 people held at Yongah Hill in Western Australia, 25 in Villawood in Sydney and 13 in immigration detention centres in Melbourne.
The “last known home state of detainees impacted by this decision” were 40 in NSW, 24 in Victoria, 11 in Queensland, nine in Western Australia, six in South Australia and two in the ACT.
However the released detainees may not return to their previous home state addresses.
Coalition home affairs spokesman James Paterson said he was concerned there was no information about who or where the released asylum seekers were.
“I have no confidence that the government is taking all the steps necessary to protect Australians from the risks that these people pose to us, because we do know some of them have committed serious, violent and sexual crimes and others have violated the character provisions of the Migration Act,” he said.
“So much so that many other countries in the world are unwilling to take them and they’re now being released onto the streets.”
Mr Paterson said the government should be “much more on top of this issue”.
“They should have put in place measures to protect the community, I’m astonished that they still have not reached out to the Opposition to say that they have a plan to deal with the problems that these people could cause to the community,” he said.
“We’ve said they should look at the terrorism framework and the processes in place there.
“For example, control orders and continuing detention orders and extended supervision orders.
“That’s just one option.
“There are many others available to the government, but it doesn’t seem like they were prepared.”
Attorney-General Mark Dreyfus said the government’s first commitment was for the safety of Australians, while noting the High Court decision must be complied with.
“The court was very clear in its orders,” he said.
“The government will be acting consistently with those orders.”
Mr Dreyfus said he would not go into the specific individual visa conditions imposed on those released from detention.
“There will be appropriate basic conditions and the Commonwealth Government will be working with state and territory criminal justice agencies, who of course are primarily responsible for each of the people concerned,” he said.
Mr Dreyfus would not elaborate on any potential legislative or regulatory changes the government was considering following the High Court ruling.
Early on Monday, Immigration Minister Andrew Giles confirmed a cohort of 80 asylum seekers was now in the community on bridging visas only days after the federal government lost its case arguing against the asylum seekers immediate release.
Mr Giles said the government had prepared for possibility of the releases, with the Australian Federal Police and Border Force involved in the process to ensure community safety.
The High Court ruled on Wednesday a stateless Rohingya man in detention, who had previously been in jail for child sex offences, had been unlawfully detained.
More than 300 detention cases in total May be impacted by the court decision, including the 80 who were released over the weekend.
Mr Giles told ABC this group had been given bridging visas with individual conditions, which may include regular reporting obligations.
“That’s obviously one of the bases on which we ensure community safety,” Mr Giles said.
Following the court decision last week Mr Giles said in a statement the government was considering “other measures that may be appropriate to ensure community safety as we work through the implications of the High Court’s decision and await the court’s reasons being handed down”.
Mr Giles said the government continued to look at all options, including possible legislative changes.
Prior to the High Court ruling asylum seekers were allowed to be held in detention indefinitely if they could not be deported because they were deemed genuine refugees, were stateless or would not be accepted by their home country.
