In a landmark decision that deals a significant blow to the Albanese government’s immigration policies, Australia’s High Court has struck down the controversial regime of ankle bracelets and curfews imposed on unlawful non-citizens released from indefinite immigration detention. The ruling, which found the visa conditions to be invalid, is set to lift these restrictions from over 100 individuals, presenting a major challenge for the government.
High Court Rules in Favor of Stateless Refugee
The case was brought before the High Court by a stateless refugee from Eritrea, known by the pseudonym YBFZ. In his challenge, YBFZ argued that the visa conditions breached the separation of powers and amounted to punishment. The court ultimately ruled in his favor, with five justices finding the ankle bracelet and curfew requirements to be invalid.
The decision will result in ankle bracelets and curfews being lifted from more than 100 unlawful non-citizens, in a major headache for the Albanese government.
According to a close source
Government Faces Backlash Over Legislation
The ruling comes as a significant setback for the Albanese government, which had legislated the new visa conditions with Coalition support. The government had caved to opposition demands to toughen the regime with mandatory minimum sentences for breaches and default application of the conditions. The loss is likely to spark fresh recriminations from the Coalition regarding the handling of those released.
Serious Offenders Among Those Impacted
According to officials, the cohort of individuals affected by the decision includes people convicted of serious crimes such as:
- Murder or attempted murder (12)
- Sexual offending (66)
- Assault (97)
- Domestic violence (15)
- Serious drug offences (15)
- People smuggling (5)
Since their release, 65 of the non-citizens have been charged with state or territory offences. This has raised concerns about public safety and the potential consequences of the High Court’s decision.
Department Prepares for Fallout
In anticipation of the ruling, the Department of Home Affairs had engaged in “very extensive planning for all possible outcomes,” according to the department’s general counsel, Clare Sharp. This included the possibility of introducing further legislation to address the situation.
The department had engaged in “very extensive planning for all possible outcomes” of the challenge, including possible further legislation.
Clare Sharp, Home Affairs Department General Counsel
Case Highlights Plight of Stateless Individuals
The case of YBFZ sheds light on the challenges faced by stateless individuals navigating Australia’s immigration system. YBFZ, who suffers from schizophrenia, fled religious persecution in Eritrea and was granted a refugee visa in Australia at the age of 14. However, following a conviction and sentence for burglary and recklessly causing injury, his visa was cancelled in 2017, leading to a prolonged period in immigration detention.
YBFZ’s successful challenge of the visa conditions imposed upon his release highlights the legal and human rights issues surrounding the treatment of unlawful non-citizens, particularly those who are stateless and have mental health concerns.
Implications for Immigration Policy
The High Court’s decision is likely to have far-reaching implications for Australia’s immigration policies and the government’s approach to managing unlawful non-citizens. As the Albanese government grapples with the fallout from the ruling, it will need to carefully consider its next steps, balancing public safety concerns with the legal and human rights obligations highlighted by the court.
The case also underscores the need for a more comprehensive and compassionate approach to addressing the complex issues faced by stateless individuals and those with mental health challenges within the immigration system. As the government and opposition engage in further debate on this matter, it is crucial that the rights and wellbeing of these vulnerable individuals remain at the forefront of the discussion.
