Australian government rushes legislation to detain dangerous migrants

December 7, 2023 | by b1og.net


Australian government rushes legislation to detain dangerous migrants

In a rush to address the issue of dangerous migrants in the country, the Australian government is pushing for legislation that could result in the detention of individuals who were previously freed after the High Court ruled their indefinite detention as unconstitutional. The proposed legislation would create community safety orders, granting the Immigration Minister the power to imprison migrants with criminal records involving violent or sexual offenses. While the government is eager to act swiftly, opposition lawmakers are calling for careful consideration to ensure the balance between community safety and personal liberties. Amnesty International has also expressed concerns over the lack of parliamentary scrutiny for such a significant new law.

Australian government rushes legislation to detain dangerous migrants

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Australian Government Rushes Legislation to Detain Dangerous Migrants

The Australian government is making efforts to rush legislation through Parliament with the aim of detaining migrants who are deemed dangerous to the public. This draft legislation, which has already been passed by the Senate, will create community safety orders that allow the Immigration Minister to imprison migrants with criminal records, particularly those with violent or sexual offenses. The government argues that these individuals pose an unacceptable risk to the community. While preparations are being made for the implementation of this legislation, the number of migrants to be detained remains unclear.


Draft Legislation Passed to Create Community Safety Orders

The draft legislation that will create community safety orders has been successfully passed by the Senate. This legislation specifically targets migrants with criminal records and aims to place them behind bars. The intention is to ensure the safety of the community by detaining individuals who may pose a risk due to their criminal history.

Immigration Minister’s Power to Imprison Migrants with Criminal Records

Under the new legislation, the Immigration Minister will have the power to apply community safety orders and detain migrants with criminal records. These orders will primarily affect individuals who have committed violent or sexual offenses, as they are considered to be a significant risk to the public. The government wants to ensure that these migrants do not pose a further threat to the community.

Preparations for Implementation of Legislation

The Australian government is actively preparing for the swift implementation of the legislation. Efforts are being made to ensure that the processes required for detaining migrants are in place so that action can be taken promptly. This includes establishing the necessary infrastructure and protocols to effectively detain migrants who fall under the community safety orders.

Number of Migrants to be Detained Unclear

As of now, there are no official figures provided regarding the number of migrants who will be detained under the community safety orders. However, it is worth noting that there are 148 migrants who have been freed but face difficulties with deportation. It remains to be seen how these individuals will be affected by the legislation and whether they will be subject to detention. Ultimately, the decisions regarding detention will be determined by the community safety orders.

Opposition Urges Unconstitutional Amendments

The opposition in Parliament has voiced concerns over the rush to pass this legislation. They are calling for amendments to ensure that more migrants are detained, particularly those who have been difficult to deport. The government is being urged to act more aggressively in addressing the issue of migrants with criminal records. However, it is important to consider the constitutionality of any proposed amendments and strike a balance between personal liberty and community safety.

Amnesty International Voices Concerns

Amnesty International has expressed alarm over the rushed legislation and the lack of proper parliamentary scrutiny. They have requested a delay in order to allow for a thorough examination of the proposed law. Amnesty International emphasizes the need for a sensible conversation when balancing community safety with personal liberty. Knee-jerk responses may not be appropriate in this situation, and it is crucial to carefully consider the impact of the legislation on individuals’ rights and freedoms.


High Court Ruling on Indefinite Detention

The High Court of Australia made a ruling on November 8 that deemed the indefinite detention of a stateless Rohingya man as unconstitutional. This man had been convicted of raping a 10-year-old boy. While the High Court’s ruling prevents the indefinite detention of migrants who have been refused visas, it also allows for the possibility of detaining those who pose a public risk. The decision on whether to detain such individuals will now be made by a judge, rather than a government minister.

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148 Migrants Released with Restrictions

Since the High Court ruling, 148 migrants who faced indefinite detention have been released, with certain restrictions in place. These restrictions include the wearing of ankle tracking bracelets and adhering to nightly curfews. The purpose of these measures is to ensure community safety and to monitor the movements of individuals who have been released. However, three of the freed migrants have been rearrested, raising concerns about the effectiveness of these restrictions.


In conclusion, the Australian government’s rush to pass legislation aimed at detaining dangerous migrants has raised important questions and concerns. Balancing community safety with personal liberty is a complex issue, and it is crucial to approach it with thoughtfulness and careful consideration. While the government continues to prepare for the implementation of the legislation, it is important to ensure that proper parliamentary scrutiny is given and that the impact on individuals’ rights is taken into account. The number of migrants to be detained under the new legislation is still unknown, but it is imperative to strike a fair and just balance in the interest of both the community and the individuals involved.

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