ARTICLE
16 February 2024

Almost half of the immigration detainees released in 2023 had committed violent offences

OC
O'Brien Criminal & Civil Solicitors
Contributor
O’Brien Criminal and Civil Solicitors defend people against criminal charges anywhere in Australia, as well as litigating defamation cases, and suing police and other authorities for unlawful conduct. We are a strong advocate for social justice issues and pride ourselves on our pro-bono practice. We are a growing and dynamic law firm that occasionally has vacancies for people seeking legal careers or administrative opportunities.
In 2023, a High Court decision deemed indefinite immigration detention unlawful, releasing 149 immigration detainees.
Australia Immigration
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Last year, the government released 149 immigration detainees from indefinite immigration detention. However, they failed to clarify what crimes these people allegedly committed.

Recently, the government released some details. According to reports, almost 50% of the 149 immigration detainees released last year committed violent offences including kidnapping and robbery. In addition, six individuals have since faced charges for violating visa conditions since their release.

According to reports, some of those released are not required to follow all safety restrictions. And the lack of action has prompted some criticism.

Indefinite immigration detention deemed unlawful

In 2023, a High Court decision deemed indefinite immigration detention unlawful, resulting in the release of 149 immigration prisoners. As such, there are potentially hundreds of people who have been unlawfully in immigration detention. They also now may have a claim against the Commonwealth Government. However, the government now faces other issues with the release.

Previously, government ministers emphasised community safety as their top priority. However, a recent inquiry by the opposition showed that only 103 of those released from immigration detention had all of the prescribed restrictions applied to them.

For example, out of the 149, 113 previous detainees were also mandated to wear electronic ankle monitoring devices, unless the minister is satisfied that they pose no risk to the community. However, almost 40 won't have to wear these tracking devices now.

Immigration Detention Centre Releases

The government previously failed to state why the police initially detained the immigrants. However, new information indicates that almost half of them had previous convictions for assault, violent offences, kidnapping, and armed robbery. Furthermore, thirty-seven had faced sexual offence related charges. In addition, seven were guilty of murder or attempted murder, with some of the offences taking place overseas.

Charges since the release of immigration detainees

Further data reveals that police charged 18 people since their release with breaking the law across Australia. For example, police charged a man with indecently assaulting a woman in Adelaide shortly after his release.

This news comes despite the government enacting new laws for community safety. Firstly, the government made detention orders that allow for imprisonment if there is a high probability of someone committing a serious offence. However, so far there are no applications for preventative detention orders.

ARTICLE
16 February 2024

Almost half of the immigration detainees released in 2023 had committed violent offences

Australia Immigration
Contributor
O’Brien Criminal and Civil Solicitors defend people against criminal charges anywhere in Australia, as well as litigating defamation cases, and suing police and other authorities for unlawful conduct. We are a strong advocate for social justice issues and pride ourselves on our pro-bono practice. We are a growing and dynamic law firm that occasionally has vacancies for people seeking legal careers or administrative opportunities.
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