Laws for immigration detainees only drafted after landmark High Court ruling

Home Affairs officials lone began drafting exigency authorities to show criminals released from detention 2 days aft a High Court judgement freed them, adjacent though officials met with Immigration Minister Andrew Giles respective times successful the lead-up to the November 8 ruling.

Departmental documents released nether freedom-of-information laws amusement authorities for curfews and ankle monitors was being developed “at accelerated pace” from November 10, a time aft the absorption urged the authorities to enactment immediately.

The government’s effect to the merchandise of 153 erstwhile detainees – galore with superior transgression convictions, including execution and rape – has been marked by a bid of attempts to ram done laws nether choky timeframes portion having to trust connected the absorption to walk them.

Labor is besides facing continued questions astir the determination of a departmental delegate to region the ankle show of a erstwhile detainee aft helium allegedly breached his curfew conditions and earlier helium allegedly became progressive successful a convulsive location penetration connected April 16.

Opposition location affairs spokesperson James Paterson said the released accusation was “official confirmation of what we agelong suspected”.

“The government’s chaotic effect to the High Court’s ruling successful NZYQ is due to the fact that they did not bash their homework and weren’t ready. It’s nary wonderment they person been truthful hapless astatine each measurement since and often had to beryllium led by the Coalition to legislate the protections the assemblage deserves,” helium said.

Immigration Minister Andrew Giles.Credit: Alex Ellinghausen

The time aft the ruling, Paterson said astatine parliament: “We urgently request enactment from the Albanese authorities to marque definite that the Australian assemblage is safe.”

A Home Affairs spokesperson said the section provided the authorities with proposal connected legislative options “for each imaginable outcomes, some anterior to the hearing, aft the orders were made connected 8 November 2023 and pursuing reasons being issued connected 28 November 2023.”

A timeline tabled successful the Senate successful February showed Home Affairs officials met with Immigration Minister Andrew Giles connected respective occasions successful September and October to store what to bash if the authorities mislaid the lawsuit brought against it by the lawyers for NZYQ, a Rohingyan paedophile successful indefinite detention arsenic helium could not beryllium deported.

Australian Border Force officials had besides briefed authorities constabulary connected imaginable implications successful October, earlier lasting up a associated cognition with Federal Police connected November 10.

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But a Home Affairs effect to a freedom-of-information petition submitted by this masthead said nary draught authorities was recovered earlier the November 8 decision. Released documents amusement Giles approved departmental submissions to alteration the Migration Act connected November 13 and 15, earlier the authorities was introduced connected November 16.

“The measures successful the bill, and the projected legislation, person been developed astatine accelerated gait successful the play from 10 to 15 November 2023,” the November 15 submission says.

This masthead revealed connected November 28 that the authorities was besides considering preventative detention laws to fastener up the worst offenders from the cohort again, which passed some houses of parliament by December 6 arsenic portion of the 2nd tranche of measures successful effect to the ruling.

During a Senate estimates proceeding connected February 12 this year, Home Affairs wide counsel Clare Sharp said officials began discussing the anticipation of preventative detention successful September, earlier taking options to Home Affairs Minister Clare O’Neil and Giles’ connected October 3.

A authorities spokesperson said the authorities introduced a strategy for preventative detention wrong a week, referring to the timeframe erstwhile officials drafted the laws from November 29, to the day they passed. “By contrast, the erstwhile Liberal authorities took six months to present their strategy for terrorists,” the spokesperson said.

No preventative detention applications person been made, with O’Neil repeatedly cautioning the ineligible threshold to bring them to a justice was high.

The department’s wide counsel Clare Sharp said officials began discussing the anticipation of preventative detention successful September, earlier taking options to Home Affairs Minister Clare O’Neil and Immigration Minister Andrew Giles’ connected October 3 - much than a period earlier the landmark ruling was handed down.

It comes arsenic the authorities faces the imaginable of much radical being released from migration detention if it loses different High Court situation implicit whether detainees who garbage to cooperate with moves to deport them tin beryllium freed. The High Court volition manus down its determination connected Friday.

Labor has present accused the absorption of stalling captious authorities that could enactment arsenic a backstop if it loses the case, aft Labor tried to ram done its 3rd tranche of migration detention laws successful March earlier it was deferred to a Senate inquiry.

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