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November 11, 2023
Dozens of immigration detainees are set to be released following a sweeping High Court decision that indefinite detention is unlawful.
The plaintiff in the case - a convicted child sex offender - who was the subject of Wednesday's judgment had been released and the government was assessing the cases of other detainees in similar circumstances, Immigration Minister Andrew Giles said on Friday.
''We are considering the implications of the judgment carefully and will continue to work with authorities to ensure community safety is upheld. The plaintiff has been released - as ordered by the High Court. Other impacted individuals will be released and any visas granted to those individuals will be subject to appropriate conditions.''
Acting prime minister Richard Marles said any releases would take place under the ''strictest possible conditions''.
Government lawyers believe at least 92 people held in immigration detention could be affected by the ruling.
The plaintiff, a Rohingya man given the pseudonym NZYQ, had been held in indefinite detention amid government attempts to deport him.
He arrived in Australia on a boat in 2012 but had his bridging visa cancelled in 2015 after pleading guilty to sexual intercourse with a 10-year-old boy.
After serving a non-parole period of three years and four months, NZYQ was transferred to immigration detention after being released from jail.
The High Court ruled it was unlawful that he continued to be held when there was no real prospect of him being deported for the foreseeable future, overturning a 20-year precedent.
Opposition home affairs spokesman James Paterson accused the government of failing to have a Plan B prepared for an adverse judgment.
''What they should have done is already be prepared with all lawful options to protect the Australian community from these offenders,'' he said.
''That could include, for example, as we do when it relates to terrorism, measures to manage these people in the community, like an extended supervision order or control order.''
