Australian Government Faces Pressure Over Deportation Powers After Alleged Assault by Former Detainee
Shadow Home Affairs Minister Andrew Hastie criticizes the government's inaction following a critical assault linked to the NZYQ cohort.
Shadow Home Affairs Minister Andrew Hastie has urged the Australian government to act swiftly regarding the NZYQ cohort, following an incident involving a former detainee who allegedly critically injured a 62-year-old man in Melbourne.
The 43-year-old former detainee, released after a High Court ruling on the NZYQ group, was charged on Sunday in connection with the assault, which has raised renewed concerns over the cohort of more than 300 released detainees currently on bridging visas.
Hastie highlighted that the Coalition had supported legislative measures designed to allow the re-detention of individuals released from immigration detention, but criticized the government for not making any applications under these powers.
He emphasized the need for prompt action to prevent further harm to innocent individuals, stating, "The reason why the parliament rushed through these preventative detention powers 18 months ago was to prevent exactly this sort of scenario."
In response to the incident, Home Affairs Minister Tony Burke remarked that the government is currently testing separate legal powers in the High Court that pertain to the deportation of the NZYQ cohort.
He reiterated that if an individual's visa is cancelled, they should leave the country immediately.
The High Court is reviewing a case involving one of three former detainees supposedly facing deportation to Nauru, marking a critical test of the government's powers regarding this group.
Should the government prevail in the High Court, they will still face the challenge of negotiating the deportation of hundreds of others who may have serious criminal backgrounds.
Hastie has emphasized the urgency of the situation, asserting that the government "cannot afford to wait" after witnessing yet another violent incident.
This latest alleged assault follows a previous case where another former detainee was charged with assaulting a couple in their 70s during a home invasion.
In that case, the individual had been released from electronic monitoring conditions, a decision Prime Minister Anthony Albanese later acknowledged as a “mistake.”
As of May 31, 2023, among the 335 individuals connected to the NZYQ group, only 85 were subjected to electronic monitoring, with 46 under curfews, while the majority faced no monitoring restrictions.
The backdrop of these incidents involves a significant High Court ruling in November 2023, which overturned a long-standing legal precedent allowing the indefinite detention of the NZYQ cohort, citing that ongoing detention constituted unlawful punishment.
Since the ruling, the government has expedited legislative changes to impose stringent conditions on the cohort and facilitate re-detention, yet no such actions have been pursued.
Complicating matters, the High Court subsequently ruled against the legality of previous laws permitting ankle monitoring and curfews for this group, compelling Burke to reintroduce revised monitoring legislation to reinstate these measures without prosecuting those who had previously violated them.
The ongoing scrutiny of the NZYQ group stems from a series of safety concerns raised both pre- and post-ruling, as the government develops new frameworks for handling individuals released from detention while addressing the implications of their violent actions in the community.
The 43-year-old former detainee, released after a High Court ruling on the NZYQ group, was charged on Sunday in connection with the assault, which has raised renewed concerns over the cohort of more than 300 released detainees currently on bridging visas.
Hastie highlighted that the Coalition had supported legislative measures designed to allow the re-detention of individuals released from immigration detention, but criticized the government for not making any applications under these powers.
He emphasized the need for prompt action to prevent further harm to innocent individuals, stating, "The reason why the parliament rushed through these preventative detention powers 18 months ago was to prevent exactly this sort of scenario."
In response to the incident, Home Affairs Minister Tony Burke remarked that the government is currently testing separate legal powers in the High Court that pertain to the deportation of the NZYQ cohort.
He reiterated that if an individual's visa is cancelled, they should leave the country immediately.
The High Court is reviewing a case involving one of three former detainees supposedly facing deportation to Nauru, marking a critical test of the government's powers regarding this group.
Should the government prevail in the High Court, they will still face the challenge of negotiating the deportation of hundreds of others who may have serious criminal backgrounds.
Hastie has emphasized the urgency of the situation, asserting that the government "cannot afford to wait" after witnessing yet another violent incident.
This latest alleged assault follows a previous case where another former detainee was charged with assaulting a couple in their 70s during a home invasion.
In that case, the individual had been released from electronic monitoring conditions, a decision Prime Minister Anthony Albanese later acknowledged as a “mistake.”
As of May 31, 2023, among the 335 individuals connected to the NZYQ group, only 85 were subjected to electronic monitoring, with 46 under curfews, while the majority faced no monitoring restrictions.
The backdrop of these incidents involves a significant High Court ruling in November 2023, which overturned a long-standing legal precedent allowing the indefinite detention of the NZYQ cohort, citing that ongoing detention constituted unlawful punishment.
Since the ruling, the government has expedited legislative changes to impose stringent conditions on the cohort and facilitate re-detention, yet no such actions have been pursued.
Complicating matters, the High Court subsequently ruled against the legality of previous laws permitting ankle monitoring and curfews for this group, compelling Burke to reintroduce revised monitoring legislation to reinstate these measures without prosecuting those who had previously violated them.
The ongoing scrutiny of the NZYQ group stems from a series of safety concerns raised both pre- and post-ruling, as the government develops new frameworks for handling individuals released from detention while addressing the implications of their violent actions in the community.
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