Labor to reimpose ankle monitors, curfews on former immigration detainees

Skirting around a High Court ruling, the government has introduced laws that would continue subjecting immigration detainees to ankle monitoring and curfews.

Before the ruling, these measures were automatically imposed on all detainees unless decided otherwise. Source: AAP / Keana Naughton

Former immigration detainees could be forced to wear ankle bracelets, even after the High Court ruled it unlawful.

The background: The federal government has rushed through the new laws that would bypass the High Court's ruling on Wednesday that these initiatives were illegal.

Under the proposal, formerly detained immigrants could still be subject to curfews and electronic monitoring bracelets if the Home Affairs minister is satisfied that they pose a "substantial risk" of harming the Australian community by committing a serious offence.

Before the ruling, these measures were automatically imposed on all detainees unless the minister decided otherwise.

The key quote: "The decision of the High Court yesterday is not the one the government wanted, but it is one we prepared for. These visa conditions are designed to protect the community, not as a punitive measure." — Tony Burke, Minister for Home Affairs.

What else to know: The measures stemmed from legislation forced through parliament in 2023 after a High Court decision that deemed indefinite detention unconstitutional.

The ruling led to the release of 215 immigration detainees, and as of mid-October, 126 of them were subject to a strict curfew from 10pm to 6am and 143 were forced to wear ankle bracelets.

Read more: Labor pledges new laws to skirt High Court ruling on released immigration detainees