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Eighty potential threats to public safety – including a pedophile and a hitman – have been released from indefinite detention following last week’s landmark High Court ruling, which found they were illegally detained.
The mass release comes after a refugee who raped a 10-year-old boy was released into the community by the High Court’s ruling.
This key decision immediately led to the possible release of 92 detained non-citizens who could not be deported to their home countries.
This total includes people convicted of serious offenses, who failed the good character test or who are suspected of posing a threat to national security.
On Monday, Immigration Minister Andrew Giles said 80 of those detained had now been released and granted visas, including a Malaysian hitman.
He insisted the Australian Federal Police and Border Force were involved in the release of those detained and their future monitoring to protect public safety.
The Australian government opposed the court’s decision, he told ABC National, but said it was prepared to face the consequences.
Eighty asylum seekers have been released from indefinite detention after a refugee who raped a 10-year-old boy was freed by a High Court ruling declaring indefinite detention illegal immigrants. High Court Chief Justice Stephen Gageler is pictured
The court ruled in favor of a Rohingyan pedophile known only as NZYQ, who has been in custody since serving a prison sentence for child sex abuse.
The court ruled in favor of a Rohingya pedophile – known in proceedings only as NZYQ – who has been in custody since serving a prison sentence for child sexual abuse.
The Rohingya are a stateless Islamic people who reside in western Myanmar near the border with Bangladesh, where they face persecution.
Because the Rohingya are not citizens of Myanmar – which considers them Bengalis and not a distinct ethnic group – the NZYQ cannot be deported there.
NZYQ arrived in Australia by boat in 2012 and had his bridging visa canceled in 2015 when he pleaded guilty to having sex with a 10-year-old child.
He was transferred to an immigration detention center in May 2018 after serving a minimum sentence of three years and four months and being denied a “safe haven” visa.
Until the High Court’s ruling, NZYQ faced being detained for the rest of his life.
He will now be released into the community and the Commonwealth will pay his legal costs.
Following this decision, the government admitted that 92 people were detained in similar circumstances and that up to 300 could be affected.
NZYQ was transferred to an immigration detention center in May 2018 after serving a minimum sentence of three years and four months and being denied a visa. The Villawood detention center in Sydney’s west is pictured
Those released are now granted a transitional visa and are required to report regularly to the police or relevant authorities.
“That’s obviously one of the bases on which we keep the community safe,” Mr Giles told the ABC.
The Immigration Minister said the move changed the law after two decades.
“What we need to do now is address it appropriately, doing all the short-term things,” he said.
“These immediate actions are aimed at keeping the community safe today, while also being firmly focused on ensuring in the long term we can keep the community safe and uphold Australian laws.”
“We must also have the opportunity to consider the reasons why the High Court made the decision last week, and we do not yet have those reasons.”
The opposition has demanded to know more about the details of these releases and the continued surveillance they will face on the streets.
“We know that of the 92 people arrested by this High Court decision, 83 were detained on morality grounds,” said shadow immigration minister Dan Tehan.
“The public needs to know, and they want to know, what is the government doing to keep them safe?
“On what moral grounds were these people being detained, what are they doing to liaise with state and territory authorities to keep the community safe? »
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