The Refugee Council of Australia has welcomed today’s High Court decision which found that the Australian Government did not have the authority to impose curfews or electronic tracking devices on people released from indefinite immigration detention.
The High Court found the measures, passed by Parliament following the NZYQ High Court decision last year, were punitive and infringed upon the separation of powers in Australia’s constitution.
It is important to note that the individuals impacted by this decision who have been convicted of offences have already completed the sentences determined by courts and, in many cases, have served considerable additional time in immigration detention.
This decision reaffirms that, under Australia’s constitution, only courts, and not the government, can impose a punishment. The majority of High Court justices found: “The impugned conditions are a form of extra-judicial collective punishment based on membership of the class.”
Prior to the High Court decision, the Department of Home Affairs reported that, of the 224 people on a Bridging (Removal Pending) visa, 150 were subject to an electronic monitoring device and 130 were subject to a specified curfew.
