A group of immigrants, released from detention in Australia following a landmark High Court ruling, will be fitted with electronic ankle monitors today as part of their strict visa conditions.
It follows the passing of emergency laws when the High Court earlier this week ruled indefinite immigration detention was unlawful, with 93 people to be released to live in the Australian community.
Immigration Minister Andrew Giles, providing an update on the situation on Saturday, said a “significant number” of that group had been convicted of serious criminal offences.
“From today, our agencies will be implementing requirements on individuals to report details of people they live with, travel plans, associations with clubs or other organisations, financial information, or any contact they have with individuals or groups involved are alleged to be involved in criminal activity,” Mr Giles said.
“Importantly, a breach of the reporting the curfew or electronic monitoring conditions is now a criminal offence. These breaches have a mandatory minimum sentence of one year and a maximum penalty of five years in prison.”
Further, convicted child sex offenders will not be allowed to work with children or be within 200m of a school, while violent offenders won’t be allowed to contact their victims.
Mr Giles shot down arguments from refugee advocates that the harsh requirements may also be deemed illegal as a form of extrajudicial punishment.
“These measures are mandatory conditions that we’re imposing on individuals in this case. They will continue to be imposed as long as they are in the country,” Mr Giles said.
“Our response has been based on legal advice to put in place proportionate and lawful measures to keep the community safe.”
The federal opposition has been critical of Labor for failing to prepare a response for the High Court’s ruling, with emergency laws rushed through the parliament on Thursday.
During the High Court hearing, concerns were raised that the decision could extended to a larger group of 340 people being held in immigration detention.
But Mr Giles on Saturday dismissed those concerns, claiming that group had only been in immigration detention for a year or more.