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The Albanese government is urgently considering new laws and regulations available to it to deal with the fallout of the High Court’s landmark ruling that it was illegal to hold people in immigration detention indefinitely.
Immigration Minister Andrew Giles will directly address the issue in question time on Wednesday afternoon, with further details of the government’s response expected.
Immigration Minister Andrew Giles will address the immigration detetion issue in question time on Wednesday.Credit: Alex Ellinghausen
The ruling saw the release of 81 detainees from immigration detention, including some convicted of murder and sexual offences, prompting Opposition Leader Peter Dutton to demand Anthony Albanese skip an APEC conference in San Francisco to find a “legislative fix” to keep the community safe, while offering bipartisan support for potential legal changes.
The case was brought by a stateless Rohingya man, identified by the pseudonym of NZYQ, who lost his Australian visa after being convicted of raping a 10-year-old boy.
NZYQ’s legal team argued it was unconstitutional for the Commonwealth to hold a person with no prospect of leaving Australia and the court agreed, prompting the release, but the court’s reasons have not yet been published.
Dutton said the federal government should have been better prepared for this ruling, with a legislative fix ready to go in anticipation of the ruling.
“This is not the first time that the High Court has handed down a decision. There will have been arguments, there will have been understandings by the government solicitors in relation to the matters and the facts of this case,” he said.
“It is well and truly within the grasp of a competent government to respond in a nimble way, but that hasn’t happened, and the prime minister is negligent in his duty and Australians are going to suffer tragically as a result of that. That’s why the parliament needs to sit this week, and it’s why the prime minister needs to delay any further international travel until this matter is dealt with.”
Asked if he would offer bipartisan support to legislation presented by Labor, Dutton said: “I will support whatever legislation is lawful in our country to protect Australians”.
“We’re talking about 81 of the hardest core criminals who should not be on the streets, and we’ve got a prime minister who’s incapable of keeping Australians safe. So we will support whatever it takes within the law, and that’s why parliament should continue to sit this week until the legislation is passed,” he said.
More to come
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