The Refugee Council of Australia finds it unsurprising that the High Court found that electronic ankle monitoring of people who have served their sentences is unconstitutional.
Once again, rushed and punitive provisions by the Federal Government, in this case directly targeting individuals who cannot be returned to their home countries, have been struck down by the courts.
Under the constitution, only the courts can impose punishments. This is one of the fundamental bedrocks of the rule of law, which underpins our democracy.
We are increasingly seeing the government make knee-jerk decisions when it comes to people who engage Australia’s protection obligations, with virtually no consultation with experts or those working with the individuals who may be affected.
This has again led to poor, and in this case unlawful, provisions being implemented and ultimately overturned by the courts.
The individuals impacted have served their time and cannot be returned home due to Australia’s non-refoulement obligations not to send someone where they could face harm. The small number of people in question should be subject to the same laws that apply to everyone else in similar circumstances.
Quotes in this statement can be attributed to Dr Graham Thom, Advocacy Coordinator, Refugee Council of Australia
