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Former immigration detainees considered harmless and already living in the community will be forced to wear ankle bracelets alongside murderers and rapists released following a landmark High Court decision.<\/p>\n
Home Affairs has also released more details of some of the worst criminal offenders potentially affected by this month\u2019s ruling that indefinite immigration detention is illegal, including people smugglers, a person convicted of murder and a sexual offence, and a man who punched his eight-year-old daughter.<\/p>\n
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Former immigration detainees without convictions will be made to wear ankle bracelets alongside murderers and rapists.<\/span>Credit: <\/span> Supplied<\/cite><\/p>\n Notorious acid-bin killer Tony Kellisar, who is challenging the revocation of his protection visa in the Federal Court, is also on the department\u2019s list, which was published by the High Court on Tuesday as the political fallout over the government\u2019s handling of the crisis continues to unfold.<\/p>\n Human Rights for All director Alison Battisson said she was representing several refugees without convictions who had been released into community detention before the High Court decision \u2013 an arrangement allowing them to move about freely provided they reside at a certain address and report to authorities \u2013 who were now hit with the same restrictions as those freed since the ruling.<\/p>\n Labor and the Coalition teamed up last week to put the restrictions, including ankle bracelets, curfews and bans on working with children, on the 101 former detainees released so far.<\/p>\n \u201cThe draconian measures that have been put in place arbitrarily on a cohort of people, regardless of criminal conviction or if they have served their sentence of imprisonment, reeks of extrajudicial punishment,\u201d Battisson said, labelling one of her clients facing new restrictions a \u201ccomplete cleanskin\u201d who had been in the community for 18 months.<\/p>\n \u201cIt is completely inappropriate, where people have been living crime-free in the community for months or years, to now require them to be subject to strict curfew and reporting requirements and to have an electronic monitoring bracelet attached.\u201d<\/p>\n Human rights lawyer David Manne said the government\u2019s new laws meant former detainees were still deprived of their liberties, despite the High Court\u2019s ruling.<\/p>\n A well-placed source with knowledge of the arrangements confirmed multiple people living in the community under such arrangements and with no convictions were subject to the new restrictions.<\/p>\n This masthead on Tuesday revealed the federal government had also sought legal advice on the prospect of using preventative detention-style laws to send back to detention those foreigners who had served jail time for serious offences such as rape and murder.<\/p>\n Opposition Leader Peter Dutton has backed preventative detention measures.<\/span>Credit: <\/span>Alex Ellinghausen<\/cite><\/p>\n Opposition Leader Peter Dutton, who has been pushing to re-detain the whole cohort, said the government should have contemplated new preventative detention measures earlier.<\/p>\n \u201cWe\u2019ll support further tightening up or further legislation, which is going to stop more people from being harmed, but this is a government that\u2019s created a real mess, and unfortunately, as always, the Australian public will pay the price for that,\u201d he said at a press conference on Tuesday.<\/p>\n Independent MP Allegra Spender accused the government of rushing last week\u2019s legislation and preventing proper scrutiny over the fresh measures.<\/p>\n \u201cIf the government is considering further changes, it must give parliament adequate time to scrutinise the legislation and examine whether the changes are proportionate to the actual risks to community safety,\u201d she said.<\/p>\n According to Home Affairs data tabled in the Senate last week, 21 people captured by the High Court decision were already living in community detention, including 16 put there by the current government.<\/p>\n The detailed list published by the High Court on Tuesday included a man fined $2000 after being charged with indecent assault in 2012, who was placed in community detention by the Coalition in February 2022.<\/p>\n A man jailed in Saudi Arabia for eight years for murdering another man is also residing in community detention.<\/p>\n Home Affairs compiled the list of what it labelled the \u201cmore serious offenders\u201d whose deportation wasn\u2019t reasonably foreseeable on October 18, in the lead-up to the decision earlier this month.<\/p>\n The list contains some people who have been released, including the Rohingya man convicted of raping a 10-year-old boy whose legal challenge brought on the High Court ruling, as well as Sirul Azhar Umar, a Malaysian bodyguard sentenced to death in his own country for murder.<\/p>\n It also contains Kellisar, who has been in immigration detention for four years after a 22-year sentence for murdering his wife, Svetlana Podgoyetsky. He tried to cover up her 1997 death by driving her body from Melbourne to Sydney and dissolving her body in a bin of acid.<\/p>\n The list also includes a man sentenced to a maximum 11 years\u2019 jail for people smuggling in 2015; a man convicted separately of both murder and sexual intercourse with a person between the ages of 14 to 16; and a person detained for 13 years with no criminal convictions, but of interest to ASIO.<\/p>\n<\/p>\n