2 Former Immigration Detainees Arrested for Breaching Visa Conditions

MELBOURNE, AUSTRALIA - JANUARY 06: Activists in support of the refugees gather outside Park Hotel where 45 refugees are detained on January 06, 2022 in Melbourne, Australia. Refugee advocates rally for the release of asylum seekers detained at the Park hotel. (Photo by Diego Fedele/Getty Images)

The Australian Federal Police (AFP) have arrested two released immigration detainees for alleged visa breaches in recent days.

These detainees were among at least 141 individuals who were released into the community following a landmark high court ruling in November 2023.

The High Court of Australia ruled that indefinite immigration detention was unlawful on Nov. 8, 2023, overturning a 20-year precedent.

Since then, multiple detainees have been arrested, including two more over the Christmas break. An Afghan national, 45, faced court in Parramatta after allegedly failing to comply with his visa-mandated curfew.

The Australian Federal Police said he has been charged with 10 counts of “failing to comply with a curfew condition” in breach of Section 76C of the Migration Act 1958. The offence is punishable by up to five years in prison and a $93,900 fine.

“It will be alleged the man breached the conditions of his Commonwealth visa between 15 and 28 December, 2023, by failing to observe his residential curfew obligations,” the AFP said.

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“The man has been remanded in custody and is due to appear in the Parramatta Local Court on 19 January, 2024.”

Iranian Man Charged on Christmas Eve

Meanwhile, an Iranian man was charged for an alleged visa breach in Western Australia on Christmas Eve, the AFP revealed.

The man, 38, was located at a Perth property and arrested after allegedly failing to comply with his visa-mandated curfew.

“The man was charged with one count of failing to comply with a curfew condition, contrary to section 76C(1) of the Migration Act 1958,” the AFP said.

“This offence carries a maximum penalty of 5 years’ imprisonment and a $93,900 fine.”

In December 2023, the Parliament passed a preventative detention regime enabling courts to detain the “most serious offenders” who pose an “unacceptable risk” of serious violent or sexual offences.

“Preventative detention will complement and enhance the existing layers of protection implemented by the Australian Government since the High Court’s decision on 8 November 2023,” the government said at the time.

This came amid political pressure from the Opposition to get the highest risk offenders off the streets.

“The Albanese Government must act to introduce urgent legislation to the Parliament after the High Court today endorsed preventative detention to protect Australians from the dangerous detainees that have been released into our community,” the Opposition said following the High Court endorsing preventative detention.

The High Court’s reasoning for its ruling on the landmark NZYQ vs the Minister for Immigration, released on Nov. 28, left the door open for a law providing for preventative detention.

The High Court found that, because there was no prospect of the plaintiff being removed from Australia in the foreseeable future, his detention and continued detention were unlawful.

As part of the ruling, the judges noted, “no country in the world has an established practice of offering resettlement to persons in Australia who have been convicted of sexual offences against children.”

But the court made it clear that release from unlawful detention does not grant the individuals the right to remain in Australia, nor does it prevent detention on another basis.