The federal government is urgently reintroducing ankle monitoring and curfews for individuals released from immigration detention. 

The government is moving in the wake of a High Court ruling that declared existing detainee monitoring laws unconstitutional, impacting hundreds released under the NZYQ decision.

The NZYQ case involved a Rohingya man held in immigration detention after a jail term for child sex offences. 

The High Court ruled indefinite detention unlawful in cases where no real prospect of removal exists, leading to the release of over 200 detainees. 

Home Affairs Department data shows that 224 people have since been released, including 12 convicted of murder or attempted murder, 66 of sexual offences, and 97 of assault.

But the Court this week found that the imposed conditions were “punishments”, which only a court can enforce.

Home Affairs Minister Tony Burke says new regulations will restore monitoring protocols. 

“We argued strongly in the High Court to keep electronic monitoring and curfews in place,” Burke said. 

The government plans to introduce supporting legislation this week, aiming to “strengthen power” over deportations and prioritise public safety. 

The decision, affecting individuals with serious criminal records, has heightened urgency due to the perceived community risk posed by these released detainees.

Since the NZYQ ruling, 150 detainees have been under ankle monitoring, and 130 adhered to curfews.

Today’s High Court ruling, however, declared such conditions punitive. 

Mr Burke says contingency plans are in place, with additional police resources already allocated to monitor released individuals.

The Coalition has labelled the ruling an “embarrassing loss” and demanded urgent action to “address the threat to community safety”. 

“The government repeatedly assured us that the amendments they drafted were constitutionally sound,” the Coalition said in a statement. 

The ruling has been praised by human rights advocates, who view it as upholding constitutional rights. 

David Manne from Refugee Legal argued that the decision reinforces the principle that “the government cannot impose punitive restrictions without judicial oversight”, stressing that it protects both citizens and non-citizens’ rights to “freedom and dignity.”

The government’s new regulations are expected in parliament swiftly, with the potential for immediate effect. 

Meanwhile, additional High Court challenges are in progress. 

In coming days, two detainees with pending visa decisions are set to argue that their continued detention is unlawful as there is no reasonable prospect of deportation.

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