The Albanese government is close to finalising new laws to re-detain migrants and refugees deemed to pose an “unacceptable risk” of reoffending, amid an escalating political fight.
High Court reasons on immigration ruling pave way for further legislation. By Daniel Ghezelbash and Anna Talbot, UNSW
The court made it clear that a person must be released from detention when there was no real prospect of them being deported in the foreseeable future. Previously, there was no limit to the length of time people could be detained in immigration detention in Australian law. In fact, people could legally be detained for the rest of their lives without ever being found guilty of a crime.
Opinion : The Australian detention system was established to destroy us, but we refugees are still here. By Behrouz Boochani, The Guardian
This week, I, alongside a group of advocates, refugees and politicians, stepped into the Australian parliament to launch a campaign for a royal commission into the Australian detention system. For me, this moment marked the culmination of a decade of waiting and fighting to expose this system – a surreal and historic moment for refugees who have experienced the brutality and violence of the detention industry.
Labor blames Peter Dutton’s decisions as immigration minister for ‘mess’ of indefinite detention. By Paul Karp, The Guardian
Peter Dutton as immigration minister exercised a discretion allowing the plaintiff, whose case overturned indefinite immigration detention, to reapply for a visa after he was convicted of raping a 10-year-old, the government has revealed.
After weeks of Coalition attacks for its handling of the fallout from the high court’s ruling that indefinite immigration detention is unlawful, the immigration minister, Andrew Giles, hit back in question time on Wednesday by claiming “this ultimately is [Dutton’s] mess”.
Labor to enact ‘preventive detention’ regime after high court reveals reasons for immigration ruling. By Paul Karp, The Guardian
In the reasons published on Tuesday, the judges stated that was when “the constitutionally permissible period of executive detention of an alien who has failed to obtain permission to remain in Australia” comes to an end.
But the judges warned that “release from unlawful detention is not to be equated with a grant of a right to remain in Australia”.
Hysteria: Putting the 12 asylum seeker boat arrivals into context. By Abul Rizvi, P&I
While there is much hysteria from Peter Dutton and the Murdoch press associated with the 12 asylum seekers who recently arrived by boat (it’s a catastrophe apparently), there was less excitement about a new post-pandemic monthly record for primary asylum applications set in October at 2,322. That is now approaching the monthly record of over 2,700 asylum applications set when Peter Dutton was Minister. It seems asylum seekers arriving by boat are much more exciting than those who arrive by plane.
Hysteria: Putting the 12 asylum seeker boat arrivals into context. By Abul Rizvi, P&I
The pain for Labor on immigration detention is not over – especially if the Coalition and Greens team up. By Paul Karp, The Guardian
While their motivations are different, the opposition parties have the numbers to force an inquiry – and prolong the fallout from the high court decision.
… the bipartisan lock-step against some form of inquiry into detention could be about to be broken by the high court’s ruling this month that indefinite immigration detention is unlawful.
Suddenly the political dynamic is very different because the Albanese government is being attacked from left and right about its preparation for the decision and handling of the aftermath.
The Coalition has peppered Labor with questions about why conditions weren’t placed on visas from the moment 92 people in addition to the plaintiff were released; why legislation took a bit over a week to be presented and pass parliament; and why an even more draconian preventive detention regime wasn’t implemented.
The Greens come at the issue from a different perspective: human rights and trying to put a stop to the practice of indefinite detention altogether.
Another 45 people released due to high court ruling on indefinite immigration detention. By Paul Karp, The Guardian
O’Neil said the reason a “second cohort” had been released in addition to the initial 93 was that “we have received advice that this all needs to apply to people who have some kind of legal matter on foot with the commonwealth”.
“So for people, for example, who might be appealing an aspect of minister Giles’ decision-making – those people, we have been advised, we are also required to release.”
“The entire detention cohort has been assessed against the criteria,” she said. “What now awaits us is a period where the reasons for the decisions will be released by the high court.”
Former home affairs secretary Michael Pezzullo sacked. The Guardian
Former home affairs secretary Michael Pezzullo sacked
Anthony Albanese has confirmed that the former home affairs secretary Michael Pezzullo has been sacked.
In a statement, Albanese says:
Earlier today the Governor-General in Council terminated the appointment of Michael Pezzullo as Secretary of the Department of Home Affairs.
This action was based on a recommendation to me by the Secretary of the Department of the Prime Minister and Cabinet and the Australian Public Service Commissioner, following an independent inquiry by Lynelle Briggs. That inquiry found breaches of the Australian Public Service Code of Conduct by Mr Pezzullo. Mr Pezzullo fully cooperated with the inquiry.
I thank Ms Briggs for conducting the inquiry.
Stephanie Foster will continue to act as Secretary of the Department until a permanent appointment is made.
Federal government to introduce funding to help police people released from immigration detention. By Chantelle Al-Khouri, ABC News
A joint operation between the Australian Federal Police (AFP) and Australian Border Force (ABF) — Operation AEGIS — will receive millions in funding, with the government claiming it will provide safety in the community.
The funding will include $150 million for the ABF to provide additional staff in "compliance, investigations, removal and surveillance functions", and $88 million for the AFP that will include funding to investigate breaches of visa conditions.
Labor ‘cleaning up mess’ left by Peter Dutton on national security, Tony Burke says. By Amy Remeikis, The Guardian
The government will introduce laws into parliament this week which will give courts the power to strip dual nationals of their Australian citizenship if convicted of terrorism offences.
Dutton has made immigration and border security two of the biggest political issues since the high court decision was handed down this month, and has kept the government on the back foot with accusations it was unprepared for the ruling.
The home affairs minister, Clare O’Neil, accused Dutton of politicising national security for his own benefit.
Immigration detention: Rohingya refugee NZYQ given sex offender counselling sessions in ‘very special deal’. By Paul Karp, The Guardian
Alison Battisson, the director of Human Rights For All, said that “given the law says these people must be released, all the money [the government is] spending on extra-judicial monitoring would be better spent supporting them … to become functioning members of the community and overcoming the trauma of indefinite detention”.
Has Australia always given visas to people in war zones? By Georgia Roberts, ABC News
On Wednesday, the ABC revealed that 860 visas have been approved for Palestinians with connections to Australia, and 1,739 for Israelis since October 7.
So, what do we know about the visas and is this something that's happened before?
Has Australia always given visas to people in war zones? By Georgia Roberts, ABC News
Australian authorities investigating Indonesian boat arrival in remote Western Australia. By Andrew Greene, Eddie Williams & Rosanne Maloney, ABC News
Authorities are investigating how a group of 12 people landed on a remote part of the West Australian coast after travelling by boat from Indonesia.
The ABC has confirmed Australian Border Force is yet to establish how the group got to the north-west of the Australian mainland without detection.
Twelve people in border force custody after arriving by boat on isolated section of WA coast. By Paul Karp, The Guardian
A group of people was detected at an isolated section of the northern Western Australian coast on Wednesday after arriving by boat, prompting Coalition accusations about resumption of dangerous boat journeys.
Guardian Australia has independently confirmed the group’s arrival, that they are now at Truscott airbase, and that ABF is planning to transfer them to Nauru. Truscott airbase in located on the Anjo Peninsula in the Kimberley.
Analysis: The comments that left Clare O'Neil backtracking and Labor again on the back foot. By Brett Worthington, ABC News
Clare O’Neil and Anthony Albanese have spent days having to explain decisions they made.
Government considered releasing immigrant to end legal bid. ABC News
ABC News video 2:28
Government considered releasing immigrant to end legal bid. ABC News
Labor’s ‘draconian’ immigration detention conditions challenged in high court. By Paul Karp, The Guardian
Numerous lawyers warned in the aftermath of the Albanese government legislation imposing conditions on the bridging visas of those released as a result of the high court’s NZYQ decision, that a challenge along those grounds was inevitable.
Australia’s political opportunists have stoked hysteria and robbed refugees of their humanity. By Ian Macphee, The Guardian
Australia’s political leaders need to rebuild the way we think about refugees, around the world and here at home.
As Fraser’s former minister for immigration and ethnic affairs, Ian McPhee has watched with dismay the shift in Australian public attitudes to refugees over the past two decades.
Justice detained. By Denham Sadler, The Monthly
It’s not just in offshore detention centres that Australia’s cruelty to asylum seekers has been laid bare. It’s seen across the country’s immigration detention system, which is built around punishment and exploiting unfounded fears in the community. And this has been illustrated in recent revelations of police interference in the deportation decisions of the government, and in the knee-jerk reaction last week to the High Court’s decision on indefinite detention.