Fresh blow for Anthony Albanese’s government with ‘ankle bracelets for criminals’ laws now at risk: Asylum seeker launches High Court challenge

An asylum seeker released into the community after a landmark Supreme Court ruling has launched a legal challenge against ‘draconian’ new laws that Labor rushed through Parliament.

The Chinese-born complainant – known as S151 – is reportedly challenging the new rules in the High Court, claiming a curfew and an ankle monitor from 10pm to 6am amounts to punishment.

He is one of dozens of asylum seekers released into the community after a pedophile who raped a 10-year-old boy successfully challenged Australia’s system of indefinite detention in the country’s highest court.

The new legal challenge was first reported by The guard.

The Labor government strongly opposed the Supreme Court’s decision and quickly introduced new legislation with the support of the Coalition to monitor newly released prisoners.

S151’s lawyers filed court papers arguing that a curfew is “typical of a criminal conviction and the conditions of home detention” and “severely restricts” his freedom.

The detainee arrived in Australia on a student visa in September 2001 and moved to a work-sponsored visa over the years.

That work visa was suddenly revoked in 2017 after he was convicted of a crime punishable by a prison sentence of 12 months or more.

In 2022, he was released from prison and immediately taken to an immigration detention center.

It was determined that he could not be deported to China and that he was owed protection by Australia, but his application for a permanent protection visa was withdrawn because officials believed he may have committed a serious crime outside Australia.