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The number of detainees released from immigration detention could triple but the home affairs minister says it’s “very unlikely” a momentous ruling will apply to all 340 potentially affected.
The High Court last week overturned a key plank of Australia’s immigration regime, ruling indefinite detention was illegal if the prospect of deportation was remote.
The decision sparked a scramble to deal with the release of more than 90 detainees, including three murderers, several sexual offenders and an alleged hitman from Malaysia.
Now Home Affairs Minister Clare O’Neill has revealed there are dozens more detainees who the rule could apply to, with 340 potentially affected.
“That 340 number is people that have been in detention for over a year. It is very unlikely the high court’s ruling will apply to all of them,” O’Neil told Sky’s Sunday Agenda.
The minister insisted locking detainees back up was not possible given the High Court’s ruling.
Home Affairs Shadow James Paterson demanded more details from the government.
“Have we started moving into that cohort of 340 – who are they?” he said on ABC’s Insiders.
“What offences have they committed and when and where were they released into the community?
“It should consider the high risk terrorist offenders regime.
“That includes things like preventative detention orders, continuing detention orders.”
The government described the laws rushed through parliament last week as phase one.
It’s still waiting for the High Court to publish the reasons behind its ruling, possibly triggering further changes.
“When the reasons for the decision are handed down at the beginning of next year we will then be able to look at what else we can do about this,” O’Neil said.
