Mar 18 • 06:13 UTC 🇬🇧 UK Guardian

Australia’s high court orders ankle bracelets be removed and curfews end for 43 former immigration detainees

Australia's high court has ruled that ankle bracelets and curfews imposed on 43 former immigration detainees are unconstitutional, requiring them to report to officials instead.

The High Court of Australia has delivered a significant ruling that allows 43 former immigration detainees to have their ankle bracelets removed and curfews lifted. This decision arises from a challenge to the Albanese government’s preventative detention laws, specifically targeting a group identified as the NZYQ cohort, which the court deemed unconstitutional. Under the new ruling, affected individuals will no longer be subjected to electronic monitoring but will need to report regularly to authorities, marking a notable shift in the management of these cases.

The case that led to this ruling was initiated by an individual known as EGH19, a Papua New Guinea citizen. EGH19 had a complicated history with the Australian immigration system, having arrived in the country in 2000 and being convicted of murder in 2006 while he was still a minor. After being offered protection in 2022, his visa was subsequently revoked following a guilty plea in a separate case. This aspect of his history and the broader implications for others in similar situations highlight the legal complexities surrounding immigration detention and human rights in Australia.

This ruling represents a significant victory for advocates arguing against the harsh treatment of immigration detainees and may set a precedent for future legal challenges to similar laws. As the government evaluates the implications of this decision, it raises critical questions about the balance between public safety and the rights of individuals who have already served their sentences. The outcome emphasizes the judiciary's role in upholding constitutional rights and may signal a shift towards more humane policies for those previously held in immigration detention.

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