In a recent turn of events, the Australian Government has introduced novel legislation to monitor migrants who have been released from indefinite detention, as confirmed by Australian Home Affairs Minister Clare O’Neil. This move follows a pivotal High Court ruling on November 8, which decided that prolonged confinement of migrants unable to be extradited, post their prison terms, is unlawful. The new legislation now provides comprehensive stipulations regarding the monitoring of these released migrants by Australian officials.
As per the new legislation, a distinct type of visa, referred to as a ‘Bridging visa,’ is established. Every migrant released post-November 8 ruling is immediately registered, upon their release, under this bridging visa. The stipulations of this visa, it appears, can be breached considerably more easily in comparison to other visas, with penal provisions including jail sentences for violators. Furthermore, operational strictness is further emphasized by terms like compulsory ankle monitoring bracelets for all visa holders and a staunch curfew.
In the aftermath of the High Court ruling, over 80 people, having served their prison sentences, have been released. The Australian Government has vocalized concerns regarding risks to public safety these individuals may pose. This legislation, is hence, a governmental strategy to address those concerns.
Anticipatedly, the policy hasn’t been without its critique. The Human Rights Law Centre and the Asylum Seeker Resource Centre, for instance, jointly authored a letter urging against the hasty implementation of the legislation. They contend that the incumbent acts merely as a substitution of one punitive measure for another by imposing the bridging visas on the recently freed migrants.
The High Court’s ruling on the indefinite detention of migrants has been followed with bated breath among Australians. Despite the verdict on November 8, the Court hasn’t yet issued their reasoning for the ruling. As the fresh legislation becomes operational, Australians eagerly await the Court’s rationale.