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Free at last: 80 asylum seekers released from indefinite detention after High Court about face

The immigration minister has revealed 80 people have been released from indefinite detention after the High Court overturned a two-decade-old decision.

Nov 13, 2023, updated Nov 13, 2023
Minister for Immigration Andrew Giles responds at a press conference to the Nixon Report into migration at Parliament House in Canberra, Wednesday, October 4, 2023. (AAP Image/Mick Tsikas)

Minister for Immigration Andrew Giles responds at a press conference to the Nixon Report into migration at Parliament House in Canberra, Wednesday, October 4, 2023. (AAP Image/Mick Tsikas)

On Wednesday, the court found indefinite immigration detention was unlawful, giving hope to detainees who could not return to their home country.

Immigration Minister Andrew Giles said the government was prepared for this outcome and revealed 80 people on appropriate visa conditions had already been released.

“We have been required to release people almost immediately in order to abide by the decision the High Court has required us to make,” he told ABC radio on Monday.

Community protection was the government’s top priority, Mr Giles said, and those released would be required to regularly report and engage with the Australian Federal Police, Border Force and any other relevant bodies.

“We have taken every step to ensure community safety,” he said.

“What we need to do now we have this decision – which has changed the law of two decades standing – is to work through it appropriately.”

The legal decision was delivered after a Rohingya man from Myanmar brought the case to the High Court.

He faced the prospect of detention for life because no country would resettle him due to a criminal conviction for child sex abuse.

There were at least 92 detainees in a similar situation to the plaintiff and another 340 in long-term detention.

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