5th Freed Detainee Arrested After High Court Decision

Police arrested the 39-year-old Sudanese man after they discovered a decade-old warrant for his return to prison, which previously went under the radar.

Australian Prime Minister Anthony Albanese speaks during Question Time in the House of Representatives at Parliament House in Canberra on Nov. 27, 2023. AAP Image/Lukas Coch

The centre-left Labor government is under mounting pressure following the arrest of the fifth former detainee who was allowed to walk free from immigration detention under the High Court’s decision.

Queensland police apprehended William Yekrop, a 39-year-old Sudanese man, on Dec. 7 after they discovered a decade-old warrant for his return to prison, which went under the radar of authorities before his release. The man faced extradition to New South Wales (NSW) in the upcoming days.

His arrest resulted in a heated debate in the parliament on Dec. 7, which saw the centre-right Coalition pressure the prime minister to fire the immigration minister and apologise to Australians for failing to keep the community safe.

The Albanese government has been scrambling to deal with the aftermath of the High Court’s November ruling that indefinite immigration detention is unlawful.

This decision resulted in the release of over 140 former detainees—many among whom were “hardcore criminals, including rapists, murderers, and paedophiles,” according to the Coalition.

Background Of The 5th Detainee

Mr. Yekrop was among those who were set free in recent days and the fifth to be taken back to prison.

Police became aware of Mr. Yekrop’s outstanding warrant this week, which was issued after he allegedly breached parole conditions over an earlier assault conviction. It was issued in 2012 before Mr. Yekrop entered immigration detention.

The 39-year-old was a former child soldier in the second Sudanese civil war before fleeing to a refugee camp in Egypt. In 2003, he escaped to Australia, where he started taking drugs and alcohol within six months of his arrival.

He had his first conviction in April 2004 for property damage, before receiving more than 40 other convictions in the following decade for offences such as assault, larceny, and drunk driving.

After sending warnings to Mr. Yekrop in 2007 and 2010, the Department of Home Affairs revoked his humanitarian visa in 2013 on character grounds.

They placed him in immigration detention in May 2014 upon his release from prison. As Mr. Yekrop escaped South Sudan before the country became independent, he was recognised as stateless and couldn’t be deported under Australian law.

Mr. Yekrop’s arrest came following the arrest of another Sudanese man, Abdelmoez Mohamed Elawad, 45, who was alleged of stealing luggage at Melbourne airport and failing to comply with the curfew.

Among other former detainees who were arrested, one was Emran Dad, a 33-year-old registered sex offender previously alleged by police to have headed a prostitution ring that exploited children. He allegedly attempted to contact minors and breached his reporting obligations multiple times.

Another released detainee who reoffended was Aliyawar Yawari, 65, a sex offender who was arrested for assaulting a woman. A fourth was arrested in Sydney for alleged drug possession.

Fiery Exchange

During question time on Dec. 7, Shadow Minister for Immigration and Citizenship Dan Tehan asked Immigration Minister Andrew Giles about the case, to which Mr. Giles replied that he wouldn’t comment on the individual cases.

Mr. Giles added that the government had set up Operation Aegis, a joint task force between the Australian Federal Police and the Australian Defence Force, to share information and enforce visa conditions on the released detainees.

Mr. Tehan later asked Prime Minister Anthony Albanese: “The minister for immigration has now confirmed that he released a criminal with an outstanding warrant into the community. What will it take for the prime minister to finally take action and sack this incompetent minister?”

In response, Mr. Albanese said, “Ministers Giles and [Home Affairs Minister Clare] O’Neil have done more to address this issue in the month and those opposite did in nine years.”

Opposition Leader Peter Dutton said the government was made aware of the high court’s decision six months before it took place; however, it failed to have legislation ready to implement as soon as the court’s decision was made so offenders weren’t allowed to set free.

Mr. Dutton also asked the prime minister to apologise to the Australian public.

In response, Mr. Albanese said the government argued against the high court’s decision, “but once the high court ruled we had no choice but to respond.”

He said the government had taken steps to create “four layers of protection,” including preventative detention, community safety orders, electronic monitoring devices and curfews, and stringent visa conditions.

“And certainly I am sorry anytime anyone is a victim of a crime, committed at any time against any victim,” Mr. Albanese said.

The preventative detention regime is based on the current High Risk Terrorist Offenders regime, which passed parliament on Dec. 6.

The Albanese government previously said it couldn’t have a preventative detention regime but backtracked on its decision following pressure from the opposition.

Under the new law, detainees assessed by a state court to pose an unacceptable risk of committing a serious violent or sexual offence would be put back behind bars. The maximum length of the detention order is three years but it would be reviewed annually.

AAP contributed to this report.