Another legal challenge has been filed in the High Court to oppose the Australian government’s legislation aimed at monitoring detainees recently released from indefinite immigration detention through the use of ankle bracelets and stringent curfews.
The latest legal challenge was filed on Nov. 28 by Refugee Legal on behalf of a 37-year-old Afghan man who was previously found to be a refugee.
Home Affairs Minister Clare O’Neil issued a stern warning to these detainees.
“If you do not follow them, you will end up back in jail,” she said. “Some of these people have committed deplorable, disgusting crimes.”
Laws “Unnecessary and Disproportionate”
David Manne, executive director of Refugee Legal and the lawyer of the Afghani man, said the laws are “unnecessary and disproportionate.”“Our client is bringing this legal challenge on the basis that the ankle bracelet and curfew conditions are punishment and therefore cannot be imposed by the government because they are unconstitutional and unlawful,” he said.
“If he is late home by one minute, he potentially faces a mandatory, minimum one-year prison sentence. Our client is asking the High Court: ‘Does the government have the power to do this to me?’”
His client arrived in Australia in 2011 and was found to be a refugee. While still in detention, he was fined $2000 (US$1334) for an indecent assault.
Earlier this year, the man was released into community detention and lived without an ankle bracelet and curfew for the past nine months.
Mr. Manne argued that detention was considered a form of punishment under the Australian constitution, with very limited exceptions.
“Generally, it’s only the courts, not the government, that are able to impose punishment on people,” he said.
“With immigration detention in this country, the law is detention can only be for the purposes of either processing an application to remain in Australia or remove someone from Australia.”
The man, who was given the pseudonym S151, has been told by the government he must abide by a curfew, requiring him to stay at home between 10pm and 6am.
Mr. Manne added that in most cases in Australia, once people finish serving their sentence for committing a crime, they will be released into the community.
“What we’ve had here is that people that were recently released were instead, on the basis of the same offences, then held in indefinite detention,” he said.
“This constituted essentially a double punishment of the very worst kind of indefinite deprivation of liberty.”