CANBERRA, Australia: Since last week’s High Court ruling deeming their indefinite detention unconstitutional, 80 individuals, including those with a history of dangerous criminal activity, have been released from Australian migrant detention centers, as announced by Immigration Minister Andrew Giles on Monday.
A member of the persecuted Rohingya Muslim minority in Myanmar secured freedom on Wednesday when the court invalidated his indefinite detention. Identified solely as NZYQ, the man convicted of raping a 10-year-old boy faces difficulties in resettlement as no country is willing to accept him due to authorities deeming him a threat to the Australian community.
The court decision overturned a 2004 precedent, set in the case of Ahmed Al-Kateb, allowing the indefinite detention of stateless individuals. Immigration Minister Andrew Giles confirmed that NZYQ is among the 80 people released since the ruling. However, the full implications of the decision are yet to be revealed as the High Court has not provided reasons for its judgment.
Giles emphasized the government’s commitment to community safety, stating that all 80 released individuals have been granted visas with conditions tailored to factors such as their criminal records. Solicitor-General Stephen Donaghue highlighted that 92 detainees faced circumstances similar to NZYQ, where no other country would accept them.
With no High Court reasoning available, the practical consequences of outlawing indefinite detention remain uncertain. Ian Rintoul, director of the Australian advocacy group Refugee Action Coalition, noted that the criteria for detainee releases are unclear. He pointed out that a detainee from West Papua has been held in a Sydney detention center for 15 years without release, emphasizing the complexity of the situation where not all detainees are stateless, and certain countries have restrictions on repatriation.
