The Albanian government has suffered another major setback in its ill-fated series of lawsuits over the release of criminally convicted immigration detainees – but it all stems from an original act of self-sabotage.
The Supreme Court, which initially ruled that indefinite detention of detainees who could not return to their countries of origin was illegal, on Wednesday banned electronic ankle bracelets and curfews for those who had been released.
The latest ruling referred to the original decision, which saw the Albanian government shooting itself in the foot by helping to fund the case against the Commonwealth, as revealed by Daily Mail Australia in March.
Official documents revealed Attorney General Mark Dreyfus had personally approved government-funded lawyers to take the controversial case to free a child molester from indefinite detention to the Supreme Court.
Although the man’s case was against his own government, Mr Dreyfus gave taxpayer-funded lawyers the green light to represent him, provided they represented the Australian Human Rights Commission (AHRC) and not the Commonwealth.
AHRC’s lawyers helped win the case, which then led to the release of the other prisoners and influenced this week’s latest Supreme Court ruling.
Both lost cases are based on legislation that exceeds the separation of powers between the courts that administer criminal penalties and the Commonwealth government, the Supreme Court found.
“The imposition of both the curfew and the monitoring condition on a (bridging visa R) is prima facie punitive and cannot be justified,” the ruling said.
The Attorney General of the Albanian government, Mark Dreyfus (pictured), has signed off on government-funded lawyers fighting the Supreme Court case against illegal indefinite detention
Mr. Dreyfus’ letter authorizing the use of government-funded lawyers to argue against the Commonwealth in a case that ultimately saw the release of 215 foreign offenders
Those who violate bridging visa conditions, including restrictions on electronic monitoring or curfews, would face a mandatory prison sentence of at least one year.
The Supreme Court bid was launched by a stateless Eritrean who was released from immigration detention under the court’s previous ruling in November 2023 and charged with six offenses of failing to comply with curfew and supervision.
The coalition quickly branded the latest ruling an “embarrassing loss for the Albanian government” and called on Labor to explain what action it will take to protect the Australian community.
Opposition home affairs spokesperson James Paterson, immigration spokesperson Dan Tehan and opposition legal affairs spokeswoman Michaelia Cash urged the government to introduce legislation in response to the ruling.
“This loss exacerbates the Albanian government’s inability to use the preventive detention powers that parliament rushed through almost 12 months ago to re-detain high-risk offenders,” they said in a joint declaration.
The photo shows a former detainee wearing an ankle monitor who was released following last year’s Supreme Court ruling that indefinite detention is unlawful
Home Office legal adviser Clare Sharp said The federal government had taken into account all possible outcomes of the Supreme Court case, including the possibility of further legislation.
Of the 215 released prisoners, 143 have an electronic bracelet and 126 are under a curfew. 65 have been charged with various crimes since their release.
The lifting of bracelets and curfews involves 28 people who have been taken into police custody since their release.
Of the 54 people charged, 20 are in pre-trial detention, while the rest are out on bail or have their cases completed.
Of the 215 detainees released, 12 had been convicted of murder or attempted murder, 66 for sexual offences, 97 for assault, 15 for serious drug offences, 15 for domestic violence, five for human trafficking and five for minor or no offences.