DETENTION OF PERSONS – AUSTRALIA

We will comply with international law on Netanyahu arrest: Wong

roymorgansocial Leave a comment

Original article by Matthew Knott
The Age – Page: Online : 26-Nov-24

Foreign Minister Penny Wong told the Senate on Monday that the federal government will ‘comply with international law’ when it comes to the possible arrest of Israeli Prime Minister Benjamin Netanyahu if he decides to travel to Australia. Her comments come after the International Criminal Court last week issued arrest warrants for Netanyahu, former Israeli defence minister Yoav Gallant and Hamas leader Ibrahim al-Masri for alleged war crimes and crimes against humanity in the Gaza conflict. The government has declined to denounce the warrants, further straining its relations with Israel, while the Coalition has attacked the government for not adopting a similar view to US President Joe Biden, who has labelled the ICC’s move as "outrageous".

CORPORATES
AUSTRALIA. DEPT OF FOREIGN AFFAIRS AND TRADE, INTERNATIONAL CRIMINAL COURT

Doubts over legal regime to re-detain those released from Australian immigration detention, FoI documents reveal

roymorgansocial Leave a comment

Original article by Paul Karp
The Guardian Australia – Page: Online : 9-Oct-24

Former immigration minister Andrew Giles stated in May that community safety orders will be a key element of the federal government’s respond to the High Court’s landmark ruling that indefinite immigration detention is unlawful. However, the minutes of a meeting attended by senior home affairs officials in mid-January show that concerns were raised about the effectiveness of the CSO regime. Amongst other things, the officials noted that it could take up to nine months for courts to hear the first applications for CSOs, which would enable non-citizens to be returned to detention if they commit a serious crime.

CORPORATES
AUSTRALIA. DEPT OF HOME AFFAIRS, HIGH COURT OF AUSTRALIA

Giles ‘breached ministerial code of conduct’: Coalition

roymorgansocial Leave a comment

Original article by Joe Kelly
The Australian – Page: 5 : 14-Aug-24

Former immigration minister Andrew Giles continues to attract scrutiny over his handling of the portfolio. Documents obtained via freedom of information laws show that Giles was aware that at least 83 immigration detainees had been released into the community without bridging visas in the wake of the High Court’s landmark NZYQ ruling. However, Giles had told question time in November that all detainees who were required to be released into the community were on bridging visas. Shadow home affairs minister James Paterson contends that Giles had breached the ministerial code of conduct and should resign for misleading parliament.

CORPORATES
AUSTRALIA. DEPT OF HOME AFFAIRS, HIGH COURT OF AUSTRALIA

Andrew Giles released four people from immigration detention without strictest conditions

roymorgansocial Leave a comment

Original article by Paul Karp
The Guardian Australia – Page: Online : 25-Jun-24

Documents obtained under freedom of information laws have revealed that Immigration Minister Andrew Giles released at least four people from immigration detention on visas without the strictest conditions, with Giles using his personal powers to do so. In doing so, Giles bypassed an independent board despite the people in question likely to be impacted by the High Court’s ruling on indefinite detention; non-citizens who have been released as a result of that ruling receive bridging visas R, which attract new strict conditions of curfews and electronic monitoring.

CORPORATES
AUSTRALIA. DEPT OF HOME AFFAIRS, HIGH COURT OF AUSTRALIA

Hundreds more immigration detainees could be released in sequel to NZYQ high court ruling

roymorgansocial Leave a comment

Original article by Paul Karp
The Guardian Australia – Page: Online : 16-Feb-24

Attorney general Mark Dreyfus has asked that the High Court hear a case that could see hundreds more immigration detainees released in the wake of the NZYQ ruling on indefinite detention, rather than it be heard as an appeal by the full federal court. The case revolves around the issue of whether people in immigration detention have to be released if their refusal to co-operate has prevented them from being deported, with the Commonwealth to argue that it should have the right to detain people who refuse to co-operate.

CORPORATES
AUSTRALIA. ATTORNEY-GENERAL’S DEPT, HIGH COURT OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA

Freed immigration detainee sues Australian government for damages for alleged false imprisonment

roymorgansocial Leave a comment

Original article by Paul Karp
The Guardian Australia – Page: Online : 16-Jan-24

A stateless Kurdish man is suing Immigration Minister Andrew Giles for false imprisonment, following his release from immigration detention after the High Court ruled indefinite detention was illegal. Should his case prove successful, it could lead to the 149 people released as a result of the ruling to sue the government for what could be hundreds of thousands of dollars in compensation; the man in question was born in Iran and arrived with his mother by boat at Christmas Island aged 16.

CORPORATES

Labor’s preventive detention regime passes Senate as third freed immigration detainee arrested

roymorgansocial Leave a comment

Original article by Paul Karp
The Guardian Australia – Page: Online : 6-Dec-23

The Senate has passed the federal government’s preventative detention laws, which were introduced in response to the High Court’s landmark ruling on indefinite immigration detention. The bill was supported by the Coalition, which moved a motion for the Senate to immediately vote on the laws following revelations that a third former immigration detainee has been arrested and charged just weeks after being released. The convicted child sex offender faces three counts of having contact with a juvenile and using social media and a live chat facility in breach of his reporting obligations. The other two former detainees have respectively been charged with indecent assault and drug possession. The lower house will vote on the legislation on Thursday.

CORPORATES

Two former detainees arrested and charged – one for sex offence, the other for drug possession

roymorgansocial Leave a comment

Original article by Joe Kelly, Greg Brown
The Australian – Page: 1 & 4 : 5-Dec-23

A total of 148 people have now been released from immigration detention in the wake of the High Court’s landmark "NZYQ" decision, of which two have already been arrested. One of those arrested had allegedly assaulted a woman in a South Australian hotel and was a known sex offender. The second former detainee was arrested and charged with drug possession in Sydney. The Opposition has described the two arrests as a "catastrophic failure" and has repeated its calls for Immigration Minister Andrew Giles and Home Affairs Minister Clare O’Neill to be sacked. The federal government has released preventative detention legislation that seeks to protect the public from the non-citizens, with the Opposition challenging the government to state how many of the 148 it would make applications for under its proposed legislation, with Peter Dutton suggesting it could be as few as four.

CORPORATES
AUSTRALIA. DEPT OF HOME AFFAIRS